Amputee, 92, was Tasered by policeman while in wheelchair, court hears

A 92-year-old care home resident in a wheelchair was sprayed in the face with synthetic pepper spray before being Tasered and hit with a baton by police officers, a jury has been told.

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, Southwark Crown Court heard.

Mr Burgess, who had one leg, was then Tasered by PC Rachel Comotto, police body-worn camera footage shown to jurors appeared to show.

PC Smith, 51, denies two counts of assault by using Pava spray and a baton, and PC Comotto denies one charge of assault by discharging her Taser.

Mr Burgess was a resident at a home in St Leonards-on-Sea, East Sussex, when staff called police on 21 June 2022 after they failed to persuade him to hand over the knife, which had a specially adapted handle.

Paul Jarvis KC, prosecuting, told jurors the officers made no attempt to talk to staff, and instead approached Mr Burgess, trying to interact with him.

He said instead of trying to calm the situation down they inflamed it, using force that was unjustified and unlawful.

Jurors were told there was nobody within arm's reach of Mr Burgess at the time, and that it should have been clear he was not mobile.

"It ought to have been obvious by 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 going on.

"Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance on the 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.

He told the jury Mr Burgess was asked to hand over the knife after he had used it to flick food and poke a member of staff in the stomach.

Mr Jarvis said managers had spent 30 minutes trying to get him to put the knife down.

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, but the care home specialised in support for people with the condition.

The court was told that one minute and 23 seconds elapsed between the officers arriving and Mr Burgess being Tasered.

In the body-worn camera video PC Smith can be heard repeatedly asking Mr Burgess, who was a right leg amputee, to put down the knife.

When he doesn't move, PC Smith sprays him with Pava, before using his baton and 12 seconds later, Mr Burgess can be seen crying out in pain when PC Comotto uses her Taser gun.

PC Smith then takes the knife from Mr Burgess.

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

Mr Jarvis told the jury: "I want to make it clear – these defendants are not responsible for his death.

"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, causing actual bodily harm."

The trial was adjourned until Tuesday.