Police officers ‘pepper sprayed and tasered’ amputee, 92, in care home three weeks before his death

A court has heard how two police officers pepper sprayed, tasered, and hit an amputee with a baton while responding to a call at a care home.

On 21 June 2022, PC Stephen Smith and PC Rachel Comotto were dispatched to an East Sussex care home following reports that a resident had allegedly been poking a member of staff with a knife.

When the pair arrived, they confronted the resident, 93-year-old Donald Burgess, holding a small serrated knife in his room.

The pair attempted to get Burgess, who used a wheelchair, to put down the knife.

However, when he didn't respond to the request, PC Smith is said to have pepper sprayed the 92-year-old before drawing his baton. PC Comotto reportedly then used her taser on the man.

He was taken to hospital after the incident, where he later contracted Covid, and died 22 days later. The officers are not believed to be 'responsible' for Burgess's death, but have been accused of using 'excessive' force.

Donald Burgess was taken to hospital after the incident where he passed away after contracting Covid (Family handout)

The two officers are now facing charges of assault occasioning actual bodily harm over their conduct. Smith has denied two counts of assault, by using pepper spray and a baton, while Comotto has denied one count of assault by discharging her taser.

Footage shown in the trial revealed the moments leading up to the incident, where Smith can be heard repeatedly asking Burgess to put the knife down, telling him to 'do as you're told'.

Smith then uses pepper spray around under 20 seconds into the clip, before asking him once again to drop the knife. He then withdraws his baton and Comotto discharges her taser at Burgess moments later.

Addressing the court, prosecutor Paul Jarvis KC stated that no one was within arm's reach of Burgess when they entered the room, and that he was not mobile at the time of the alleged assault.

"It ought to have been obvious by the fact he had one leg that this was a man who wasn’t going to be mobile," Jarvis said.

Footage from the incident was shown in court (Independent Office for Police Conduct)

"This was an elderly, vulnerable man who may not have understood what was going on."

He continued: "Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance on the part of the defendants."

Jarvis added that while he believes that its clear the pair 'are not responsible for his death', an 'unnecessary and excessive' causing 'actual bodily harm' had been used in the situation.

Burgess is said to have been a resident of the care home since 2018 and suffered from multiple health conditions.

It is also understood that Burgess had been suffering from a urinary tract infection at the time of the incident, which can cause symptoms of confusion, agitation, or aggression.