Police officers ‘assaulted 92-year-old amputee with Taser, baton and pepper spray’

A 92-year-old amputee died in hospital from Covid three weeks after police officers assaulted him with a Taser, baton and pepper spray at a care home, a court heard.

Police were called to the Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex, had called police after Donald Burgess prodded a worker in the stomach with a butter knife.

PC Rachel Comotto, 35, allegedly assaulted Mr Burgess with her Taser while her Sussex colleague PC Stephen Smith, 51, struck him with his baton.

Smith denies a second assault charge relating to the use of his PAVA spray.

Mr Burgess, was hospitalised after the incident on 21 June 2022 and died 22 days later after contracting Covid-19.

St Leonard’s specializes in caring for people with dementia, but Mr Burgess did not himself suffer from the disease, Southwark Crown Court heard.

Paul Jarvis, prosecuting, said: ‘On 21 June 2022 a 92-year-old man, Donald Burgess, was experiencing difficulties following a urinary tract infection.

‘He was struck with a police baton and tasered while sitting in a wheelchair in his room in a care home for people with dementia.

‘He only had one leg, hence the reason he used a wheelchair.

‘At the time of the event Mr Burgess was holding a small cutlery knife, a similar size and shape to a butter knife.

‘Mr Burgess was taken to hospital and, sadly, while he was there, contracted Covid, and passed away on the morning of 13 July that year.

‘I want to make it clear that these defendants are not responsible for his death.

‘He was an elderly gentleman, he was unwell. He died as the result of an infection, not as a result of what they did to him.

‘What the prosecution say is that they were responsible for using unlawful violence in his room, thereby causing actual bodily harm.’

Mr Burgess was on antibiotics for his infection and started flicking food at a member of staff.

‘He started flicking food at her,’ said Mr Jarvis.

‘She told him to stop and moved away from him.

‘A senior care home manager was nearby and so Mr Burgess started flicking food at her instead. When she moved towards him she saw that Mr Burgess was holding a knife in his hand.’

Mr Burgess was asked to hand the knife over, but he refused, and poked a staff member in the stomach with the knife, the court heard.

He was taken back to his room and tried to attack staff members with the knife again.

‘He tried to lash out at staff with the knife he had, but they were able to avoid his swipe.’

‘After thirty minutes or so care home staff made the decision to call the police.’

PC Smith and PC Comotto were called to the scene and tried to persuade Mr Burgess to put the knife down.

‘The prosecution suggest that it must have been obvious before they arrived that the person they had to deal with would be elderly and probably vulnerable on account of his age and mental condition,’ said Mr Jarvis.

‘When they arrived at the care home it doesn’t seem that the officers made any attempt to speak with staff members about Mr Burgess.

They went straight into his room where they went about trying to interact with him.’

In police bodyworn footage shown to the jury, PC Smith can be heard saying to Mr Burgess:

‘Put it down mate. Come on, Donald, don’t be silly. We can solve it without having to resort to this…Do as you’re told. Put it on the floor. You’re now going to be sprayed.

‘It appears that PC Smith emptied all or almost all of his canister in Mr Burgess’ face’, said Mr Jarvis.

PC Comotto and PC Smith later claimed that they believed that Mr Burgess posed a danger to himself and to others.

‘We suggest that the officers over-inflated their concern about their concerns about what risk Mr Burgess posed to himself and to others to explain and to justify what they did’, said Mr Jarvis.

‘They made no attempt to make sure that Mr Burgess understood what he was being asked to do.

‘The defendants are to be judged by what they genuinely believed the circumstances to be. We say that the force they used against Mr Burgess was excessive and unnecessary in the circumstances.

‘The prosecution say that the force the defendants used was unjustified and unlawful.

‘It was obvious, given that this man had one left leg, that this man was not going to be mobile.

‘The prosecution say that in this tragic case, the defendants assaulted Mr Burgess causing actual bodily harm.’

Mr Burgess was born and lived in nearby Battle for most of his life. He married his wife, Ethel in 1955 but they did not have children. Ethel died in 2015.

PC Comotto, denies one charge of assault causing actual bodily harm with her Taser while PC Smith denies two counts of ABH using a Pava spray and baton.

The trial continues tomorrow (tues).
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