Moment police pepper spray and taser amputee care home resident, 92, in his wheelchair shown in court

19 May 2025, 17:16 | Updated: 20 May 2025, 08:36

Warning: This article contains graphic images that some may find disturbing.

A 93-year-old disabled man was sprayed in the face with synthetic pepper spray before being shot by a Taser and hit with a baton, by police officers responding to a call at his care home, a court has heard.

One-legged Donald Burgess was allegedly assaulted by Pc Stephen Smith and Pc Rachel Comotto, at the home in St Leonards-on-Sea, East Sussex, on June 21 2022.

Prosecutors claim the officers used "unjustified and unlawful" force within seconds of entering the wheelchair-bound pensioner's room.

Body-worn footage shows elderly man pepper-sprayed by police responding to a care-home call

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Southwark Crown Court was told on Monday that one minute and 23 seconds elapsed between the officers arriving and Mr Burgess being shot with the Taser.

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

Staff had called police after Mr Burgess was seen poking a care worker in the stomach with a knife after flicking food at her.

Managers wheeled him back to his room and tried for half an hour to calm him before calling 999.

The officers were dispatched under a grade one call, meaning it was treated as the highest level of emergency.

Prosecutor Paul Jarvis KC said Mr Burgess was sitting in his wheelchair holding a small serrated cutlery knife when the officers entered the room.

They did not speak to the staff or explain to Mr Burgess why they were there, jurors heard.

Instead, Pc Smith told him: "Do you want to put the knife down or you will be sprayed or tasered. Those are the options."

Footage from body-worn cameras played to the jury showed Smith then discharging the spray directly into Mr Burgess's face.

"Comments made by Mr Smith suggest he emptied all of the canister into Mr Burgess's face," Mr Jarvis said.

Seconds later, Smith drew his baton and struck Mr Burgess.

Comotto then deployed her Taser, and Mr Burgess cried out in pain.

The officers then took the knife from him.

Jurors were told there was nobody within arm's reach of Mr Burgess at the time and 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 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.

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.