Moment police taser pensioner, 92, who died 3 weeks after ‘assault’ | UK | News | EUROtoday

A 92-year-old care residence resident in a wheelchair was sprayed within the face with artificial pepper spray earlier than being shot by a taser and hit with a baton by law enforcement officials, a jury has been advised. PC Stephen Smith and PC Rachel Comotto are accused of assaulting one-legged Donald Burgess at Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex, on June 21, 2022.

Smith emptied nearly a full can of pepper spray into Donald Burgess’s face when he refused to drop an merchandise of cutlery just like a butter knife, Southwark Crown Court heard. Mr Burgess was then Tasered by Comotto, police body-worn digicam footage proven to jurors appeared to point out.

When Smith and Comotto entered his room, bodycam footage confirmed him sitting in a wheelchair nonetheless clutching the blade.

PC Smith could be heard saying: “Put it down mate. Come on, Donald, don’t be silly.

“We can clear up it with out having to resort to this…Do as you are advised.”

The officers did not speak to the staff or explain to the care home resident why they were there, jurors heard.

Instead, PC Smith told him: “Do you wish to put the knife down or you can be sprayed or tasered. Those are the choices.”

Prosecutor Paul Jarvis KC said: “Comments made by Mr Smith recommend he emptied all the canister into Mr Burgess’s face.”

Seconds later, Smith drew his baton and struck Mr Burgess, the court heard. Comotto is then said to have deployed her Taser, and Mr Burgess cried out in pain.

The officers then took the knife from him.

Jurors heard the pair used “unjustified and illegal” force after entering the pensioner’s room.

Mr Jarvis KC said: “It should have been apparent by the actual fact he had one leg that this was a person who wasn’t going to be cell.

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

“Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance on the a part of the defendants.”

Mr Jarvis KC, told the court Mr Burgess was suffering from a urinary tract infection on the day of the incident, a condition that can make a person confused, agitated, or even aggressive.

Mr Burgess, who suffered from multiple health conditions including diabetes and carotid artery disease, had been a resident at the home since 2018. He had not been diagnosed with dementia.

Mr Burgess was taken to hospital after the incident and later contracted Covid. He died 22 days later.

Mr Jarvis told the jury: “I wish to make it clear – these defendants aren’t accountable for his dying.

“He was an elderly gentleman who was unwell.”

But he added: “The force used was unnecessary and excessive in the circumstances.

“The defendants assaulted Mr Burgess, inflicting precise bodily hurt.”

The trial was adjourned till Tuesday.