A 93-year-old disabled man was sprayed in the face with synthetic pepper spray, then shot with a Taser and struck with a baton by police officers responding to a call at his care home, a court in Britain has heard.
Donald Burgess, who has one leg, was allegedly mistreated by officers Stephen Smith and Rachel Comotto at the home in St Leonards-on-Sea, East Sussex, on 21 June 2022.
Prosecutors assert that the officers used “unjustified and unlawful” force just moments after entering the wheelchair-bound pensioner’s room.
At Southwark Crown Court, it was revealed that only one minute and 23 seconds passed from the time the officers arrived to when Mr. Burgess was Tasered.
Staff had contacted the police after Mr. Burgess was observed poking a care worker in the stomach with a knife after throwing food at her.
Managers returned him to his room and attempted to calm him for half an hour before calling 999.
The officers were dispatched under a grade one call, indicating it was treated as a top-level emergency.
Prosecutor Paul Jarvis KC stated that Mr. Burgess was seated in his wheelchair holding a small serrated cutlery knife as the officers entered.
They failed to communicate with the staff or explain to Mr. Burgess why they were there, the jurors were told.
Instead, Mr. Smith warned him: “Do you want to put the knife down, or you will be sprayed or tasered? Those are the options.”
Body-worn camera footage shown to the jury revealed that Smith subsequently sprayed Mr. Burgess directly in the face with the spray.
“Comments made by Mr. Smith indicate he discharged the entire canister into Mr. Burgess’s face,” Mr. Jarvis stated.
Seconds later, Mr. Smith drew his baton and struck Mr. Burgess.
Ms. Comotto then deployed her Taser, causing Mr. Burgess to cry out in pain.
The officers subsequently removed the knife from him.
Jurors were informed that there was no one within arm’s reach of Mr. Burgess at the time, and it should have been apparent that he was not mobile.
“It should have been obvious from the fact he had one leg that this was a man who wasn’t going to be mobile,” Mr. Jarvis said.
“This was an elderly, vulnerable man who may not have understood what was happening.”
“Instead of being met with understanding and compassion, he was faced with irritation and annoyance from the defendants.”
Mr. Burgess, who had multiple health issues including diabetes and carotid artery disease, had been a resident at the home since 2018.
Though he had not been diagnosed with dementia, the care home specialized in supporting individuals with the condition.
Following the incident, Mr. Burgess was hospitalized and later contracted Covid, passing away 22 days afterward.
Mr. Jarvis clarified to the jury: “I want to stress—these defendants are not responsible for his death.”
“He was an elderly gentleman dealing with health challenges.”
However, he added: “The force used was unnecessary and excessive given the circumstances.
“The defendants assaulted Mr. Burgess, resulting in actual bodily harm.”
The trial has been adjourned until Tuesday.
