Police Accused of tasering, hitting disabled 92-year-old in UK (Video)
He died three weeks later
A court has heard that a disabled 92-year-old man was pepper-sprayed, Tasered, and struck with a baton by police officers responding to a call at his East Sussex care home, less than two minutes after they entered his room.
Donald Burgess, who had one leg and was confined to a wheelchair, died three weeks after the incident, which took place on June 21, 2022, at a care facility in St Leonards-on-Sea.
Southwark Crown Court was told officers used “unjustified and unlawful” force within moments of arriving.
PC Stephen Smith, 51, is facing two assault charges for using Pava spray and a baton, while PC Rachel Comotto is charged with assault for firing a Taser. Both officers deny the charges.
Care home staff had contacted police after Mr. Burgess allegedly poked a staff member with a small cutlery knife following a minor disturbance.
Despite attempts by carers to calm him, they eventually called 999, and officers responded to the highest-priority emergency.
Prosecutors say the officers failed to communicate with staff or explain their presence to Mr. Burgess.
Instead, Smith immediately warned him to drop the knife or face being sprayed or Tasered.
Bodycam footage shown to jurors revealed Smith emptying pepper spray directly into Mr. Burgess’s face before striking him with a baton.
Moments later, Comotto deployed her Taser, causing the elderly man to cry out.
No one else was near Mr. Burgess at the time, and prosecutors argue it should have been obvious that he posed little threat given his immobility.
“This was an elderly, vulnerable man who may not have understood what was going on,” said prosecutor Paul Jarvis KC.
The officers then disarmed Mr. Burgess, and he was taken to the hospital, where he later contracted COVID-19. He died 22 days after the encounter, shortly after turning 93.
While the prosecution clarified that the officers are not being held responsible for Mr. Burgess’s death, they allege that the force used was “excessive and unnecessary,” and resulted in actual bodily harm.
Mr. Burgess, who had several health issues, including diabetes and carotid artery disease, had lived at the care home since 2018.
Though not formally diagnosed with dementia, the facility provided specialised care for individuals with the condition.
The trial continues.
See the video here.
