Officers allegedly used pepper spray, a taser, and a baton on Donald Burgess within 90 seconds of arriving

Two police officers are on trial after allegedly pepper-spraying, Tasering and striking a 93-year-old disabled man with a baton during a response to a care home incident in East Sussex.

Southwark Crown Court heard on Monday that Donald Burgess, a wheelchair-bound resident with one leg, was subjected to “unjustified and unlawful” force by PC Stephen Smith and PC Rachel Comotto during a call to his care home in St Leonards-on-Sea on 21 June 2022.

Burgess, who had lived at the home since 2018 and suffered from various health issues including diabetes and carotid artery disease, died in hospital 22 days later after contracting Covid. Prosecutors made clear the officers are not being held responsible for his death.

The court heard that care home staff had called emergency services after Burgess flicked food at a care worker and poked her in the stomach with a small serrated cutlery knife. He was wheeled back to his room and calmed for half an hour before staff called 999.

The call was classified as Grade 1, prompting a high-priority police response. But within 1 minute and 23 seconds of entering the room, officers had deployed force.

Prosecutor Paul Jarvis KC told the jury that instead of assessing the situation or speaking with staff, the officers quickly confronted Burgess, who was holding the knife while seated in his wheelchair.

“PC Smith told Mr Burgess, ‘Do you want to put the knife down or you will be sprayed or Tasered. Those are the options,’” Jarvis said. He then allegedly emptied a canister of Pava spray directly into the pensioner’s face.

Bodycam footage shown to the jury captured the moment Smith used the spray, followed by him striking Burgess with a baton. Seconds later, Comotto discharged her Taser, causing Burgess to cry out in pain.

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.”

The court was told that at the time of the incident, no one was within arm’s reach of Burgess and it was clear he was not mobile. Nevertheless, the officers quickly escalated the encounter, using weapons before any serious threat had materialised.

Smith, 51, denies two counts of assault relating to his use of pepper spray and the baton. Comotto denies one count of assault for deploying her Taser.

The prosecution argues that the defendants failed to de-escalate the situation or consider the man’s vulnerability and mental state. “They used weapons within seconds of entering the room,” said Jarvis. “That was not necessary, reasonable or lawful.”

Family members of Burgess, who were not present in court, have previously expressed outrage at the treatment of their relative.

A representative for the care home declined to comment, citing the ongoing legal proceedings.

The case has prompted renewed scrutiny over how police interact with elderly or disabled individuals, particularly in care settings where mental confusion and physical frailty are common.

The trial continues on Tuesday, when further bodycam footage and witness testimony are expected to be heard.