Two police officers have been sacked following an incident where a 92-year-old care home resident was pepper-sprayed, tasered, and hit with a baton. The force used was deemed unnecessary and excessive by prosecutors. The resident died 22 days later from Covid-19, though prosecutors stated the officers were not responsible for his death.
The case raises significant questions about the use of force by law enforcement against vulnerable individuals in care settings and highlights the importance of accountability for police actions.
Two police officers are facing assault charges after a 92-year-old care home resident, who had one leg and was in a wheelchair, was pepper-sprayed, Tasered, and hit with a baton. The incident occurred on June 21, 2022, in St Leonards-on-Sea, East Sussex.
Prosecutors told Southwark Crown Court that PC Stephen Smith emptied almost a full can of pepper spray into Donald Burgess's face when he refused to drop an item of cutlery similar to a butter knife. Mr Burgess was then Tasered by PC Rachel Comotto, according to police body-worn camera footage shown to jurors. PC Smith denies two counts of assault, while PC Comotto denies one charge of assault.
Mr Burgess, a resident at the home since 2018, had a urinary tract infection on the day of the incident, which can cause confusion and agitation. He had used the knife to flick food and poke a staff member. Managers had reportedly spent 30 minutes trying to get him to put the knife down before calling the police.
Prosecuting barrister Paul Jarvis KC stated that the officers made no attempt to speak with staff and instead inflamed the situation with unjustified and unlawful force. He argued it should have been obvious that Mr Burgess was not mobile due to his age and having one leg, and that he was a vulnerable man who may not have understood what was happening. Mr Jarvis emphasized that the defendants are not responsible for Mr Burgess's death, which occurred 22 days later after he contracted Covid-19, but asserted that the force used was unnecessary and excessive, causing actual bodily harm.
The court heard that one minute and 23 seconds elapsed between the officers arriving and Mr Burgess being Tasered. PC Smith was heard repeatedly asking Mr Burgess to put down the knife before deploying the spray and baton. Mr Burgess cried out in pain when PC Comotto discharged her Taser.
Pick the topics you care about. Get only what matters, on your cadence.