The police officer who was caught pepper spraying and tasering an elderly amputee on camera claimed he didn't know the 92-year-old was disabled.
A court heard earlier this week that two police officers had been accused of assaulting a man at a care home after reports of a resident poking a member of staff with a knife.
PC Stephen Smith and PC Rachel Comotto made their way to the care home in St Leonards-on-Sea in East Sussex on 21 June 2022, and confronted Donald Burgess, who could be seen holding a small butter knife-like object in his room.
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The court was shown body cam footage of the officers confronting the man, as PC Smith looked to have pepper sprayed Burgess, who uses a wheelchair, before drawing his baton.
PC Comotto is then said to have used her taser on him.
Burgess was taken to hospital following the incident, where he contracted COVID and would die 22 days later, unrelated to the officer's actions.
PC Smith was accused of using 'excessive force' against the 92-year-old man, who reportedly said he would 'take pleasure' in killing staff.
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Southwark Crown Court heard that Smith allegedly wasn't aware that Burgess was disabled before warning him that he would be tasered.
The officer claimed he didn't see the wheelchair because he was looking at the knife that was held with 'white knuckles' in an 'immense grip'.
In the video of their confrontation, Smith can be heard saying: "Put the knife down mate, or you will be sprayed or tasered. That’s up to you."
He said that he believed Burgess could understand him, while Ian Mills, a use of force adviser for the police and expert for the defence, claimed Smith's actions were 'consistent with training', judging by the officer's perception of the level of threat at the time.
Despite this, Mills noted that it was 'difficult to watch' and that the 'threat of the knife' meant that Smith was justified when he stated 'his intention (to use pepper spray) to ensure the safety of staff and the safety of other residents at the care home.'
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Mills added: “No tactic is without risk. You have to make that decision very rapidly.
“With the benefit of hindsight, people might say they would have done this or that – but we don’t know. He [Burgess] could have turned the knife on himself."
PC Smith could be seen using his baton in an attempt to disarm Burgess, in an effort that Mills said was with 'minimal force', explaining: "People are unpredictable, techniques are unreliable, so officers have to adapt to the situation,
"They make split-second decisions based on their perception of the circumstances whilst in fast-moving situations and without the benefit of hindsight."
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The use of force adviser did point out that the officers should have explored 'avenues of information before entering the room' though, in what was dubbed a 'tactical error', resulting in the incident in question.
Mills added that there were chances to assess his medical history and the man's usual behaviour before taking action.
The court heard earlier this week that PC Smith had emptied the full pepper spray can into the 92-year-old's face and hit him with the baton, as Comotto also used her taser, all within one minute and 23 seconds of entering.
However, Smith said it was just a 'short burst', which Mills agreed with, as the Pava pepper spray can only be used for two to six seconds at a time.
Joshua Nair