Man thought he was dying after being tasered by Sussex Police

Donald Burgess was tasered at the care home in St Leonards <i>(Image: IOPC)</i>
Donald Burgess was tasered at the care home in St Leonards (Image: IOPC)
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A one-legged 92-year-old in a wheelchair told police he thought he was dying after they shot him with a 50,000 volt Taser when he refused to drop a butter knife.

Body-worn footage captured Donald Burgess being sprayed in the face with synthetic pepper spray, struck with a baton and tasered within 83 seconds of two officers entering his room at Park Beck care home in St Leonards.

He died three weeks later in hospital from Covid.

Pc Stephen Smith and Pc Rachel Comotto are on trial at Southwark Crown Court charged with assault occasioning actual bodily harm.

Smith, 51, denies two counts of assault by using Pava spray and a baton. Comotto, 35, denies one charge of assault by discharging her Taser.

The officers claimed the spray, baton and Taser were needed to protect themselves, staff, other officers and the public and to prevent Mr Burgess from escaping.

Yesterday, the court heard Mr Burgess told staff he wanted to stab them and would “take a great deal of pleasure” from it, prompting a 999 call to police.

Mr Burgess was handcuffed in his chair before officers coughing from the effects of the spray had to lift his foot onto a stirrup and release the brake to take him outside following the incident on June 21, 2022.

After shooting Mr Burgess with her Taser, Comotto asked Mr Burgess how he was feeling.

"I'm dying, I'm dying," the 92-year-old can be heard saying on police body worn video footage.

Mr Burgess can be heard crying out in pain before Comotto and Smith move in to take the specially adapted cutlery away from him.

Smith, in a violent incident report, said he used his spray and baton to protect himself, Mr Burgess, other officers and the public and to effect his arrest.

Comotto said in her report she shot the pensioner with her Taser in order to protect herself, the public, Mr Burgess, other officers present and to prevent him from committing further offences or escaping.

Within minutes of disarming Mr Burgess, the decision was taken that no formal action would be taken and he would not be arrested.

The confrontation was treated as a medical incident.

Mr Burgess had to be taken to the Conquest Hospital to have the Taser barbs removed.

He suffered from diabetes, artery disease, kidney diseases and macular degeneration, the court heard.

Both officers are still on duty with “appropriate restrictions” Sussex Police said.

The trial at Southwark Crown Court continues.

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