92-Year-Old One-Legged Man Pepper Sprayed and Tasered by Police in Sussex Care Home

A court has been shown disturbing body-worn camera footage of police officers using pepper spray, a baton, and a Taser on a 92-year-old man in a wheelchair inside a care home in St Leonards-on-Sea, East Sussex. The man, Donald Burgess, had one leg and multiple health conditions. Prosecutors claim the force used by PC Stephen […]

A court has been shown disturbing body-worn camera footage of police officers using pepper spray, a baton, and a Taser on a 92-year-old man in a wheelchair inside a care home in St Leonards-on-Sea, East Sussex.

The man, Donald Burgess, had one leg and multiple health conditions. Prosecutors claim the force used by PC Stephen Smith and PC Rachel Comotto was “unjustified and unlawful.” The incident happened on June 21, 2022, when care home staff called police after Mr Burgess refused to hand over an item of cutlery similar to a butter knife.

Within just 83 seconds of entering Mr Burgess’s room, PC Smith emptied almost a full can of synthetic pepper spray (Pava spray) into his face. He then used his baton on the elderly man, who remained seated in his wheelchair. PC Comotto followed by discharging her Taser, causing Mr Burgess to cry out in pain.

The court heard that Mr Burgess had not been diagnosed with dementia, but he was suffering from a urinary tract infection that can cause confusion and agitation. Care home staff had spent around 30 minutes trying to persuade him to drop the knife, which had a specially adapted handle.

Paul Jarvis KC, prosecuting, said the officers made no attempt to speak to staff before entering the room and instead inflamed the situation. He told jurors that Mr Burgess was not an immediate threat to anyone and that it was obvious he could not move, being an amputee in a wheelchair.

Mr Burgess was taken to hospital after the incident. He later contracted Covid-19 and died 22 days later. The court was clear that the officers are not being held responsible for his death.

PC Smith, 51, denies two counts of assault by using Pava spray and a baton. PC Comotto denies one count of assault by using her Taser. The prosecution says their actions caused actual bodily harm and were excessive in the circumstances.

The trial continues.