Police Officers Charged with Assaulting 93-Year-Old Disabled Man

Strategic Insights -

Prosecutors allege that police officers, Pc Stephen Smith and Pc Rachel Comotto, used "unjustified and unlawful" force against 93-year-old Donald Burgess, who was wheelchair-bound and suffered from multiple health conditions, including diabetes and carotid artery disease. The incident occurred at Burgess's care home in St Leonards-on-Sea, East Sussex, on June 21, 2022, when police were called after Burgess allegedly poked a care worker in the stomach with a knife after flicking food at her. The officers have been charged with assault by using Pava spray and a baton, and discharging a Taser.

Key Takeaways:

  • Prosecutors allege that Pc Stephen Smith emptied an entire canister of Pava spray directly into Burgess's face, causing actual bodily harm.
  • The incident occurred just one minute and 23 seconds after the officers arrived at the care home.
  • Burgess was wheelchair-bound and had one leg, which makes it clear that he was not mobile and should not have been considered a threat.
  • The care home had specialized in supporting people with dementia, but Burgess had not been diagnosed with the condition.
  • Burgess was taken to hospital after the incident and later contracted Covid, which led to his death 22 days later.
  • Prosecutors emphasize that the force used by the officers was unnecessary and excessive in the circumstances.
  • Burgess's care workers had attempted to calm him down for half an hour before calling 999, indicating that the situation was not immediately life-threatening.

Statistics:

  • Time elapsed between the officers arriving and Burgess being shot with the Taser: 1 minute and 23 seconds.
  • Number of days Burgess lived after contracting Covid: 22.
  • Age of Donald Burgess at the time of the incident: 93.
  • Number of officers involved in the incident: 2, Pc Stephen Smith and Pc Rachel Comotto.
  • Number of charges facing Pc Stephen Smith: 2 counts of assault by using Pava spray and a baton.
  • Number of charges facing Pc Rachel Comotto: 1 charge of assault by discharging a Taser.

Sources:

  • PA
  • IPCC (Independent Office for Police Conduct)
  • Southwark Crown Court
  • Prosecutor Paul Jarvis KC