Police officers who Tasered a disabled 92-year-old in his care home after he prodded a woman with a butter knife may have contributed to his death, an inquest has heard.
Alarm bells sounded at the Park Beck Residential Care Home in East Sussex after one-legged dementia sufferer Donald Burgess flicked food at a worker on June 21, 2022.
A series of events that unfolded within 83 seconds of two police officers arriving would see the pensioner hospitalised, dying 22 days later from contracting Covid-19.
Police had been called to his seaside care home after reports Mr Burgess had refused to put down the butter knife.
At an inquest hearing into his death was told PC Stephen Smith, 51, and PC Comotto, 34, first ‘shouted’ at the vulnerable pensioner before ‘screaming’ at him.
When he still failed to drop the knife he was hit on the arm with a police baton by PC Smith who then sprayed almost a whole can of pepper spray into the pensioner’s face.
PC Comotto then fired her taser hitting the pensioner in the chest and causing Mr Burgess to groan: ‘I’m dying.’
Mr Burgess, a widower, was arrested, handcuffed and driven from his care home to a police station.
Mr Burgess is seen here as he is Tasered by a police officer. An officer also sprayed almost a whole can of pepper spray
A series of events that unfolded within 83 seconds of two police officers arriving would see the pensioner hospitalised, dying 22 days later from contracting Covid-19
Sussex Police officers PC Stephen Smith (left) and PC Rachel Comotto (right) are seen leaving Westminster Magistrates’ Court, London
But his condition quickly deteriorated and he was immediately transferred to hospital.
The pre-inquest hearing was told Mr Burgess was treated for a Urinary Tract Infection before being recommended for discharge from hospital.
However, Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex, refused to take him back.
As a result, the 92-year-old was left waiting in hospital for a suitable care home place to become available and subsequently contracted Covid.
Mr Burgess suffered a cardiac arrest and died at the Conquest Hospital in Hastings in July 2022 – 22 days after the care home incident.
The pensioner, who had suffered from multiple health conditions including diabetes and carotid artery disease, had been a resident at the home since 2018. He died just weeks after celebrating his 93rd birthday
Today Jesse Nicholls, the lawyer for the family, said: ‘This is a case where an elderly and vulnerable man was subjected to considerable force by the police officers and would not have been in hospital if that force had not been used.’
Mr Nicholls said the actions of the two officers may have caused ‘physiological stress’ which could have had a ‘causative’ effect on his death.
He added it wasn’t ‘sustainable’ to suggest Mr Burgess died due to ‘natural causes’.
Prosecutor Paul Jarvis KC previously said Mr Burgess was sitting in his wheelchair holding a small serrated cutlery knife when the officers entered the room
Mr Nicholls said the context was Donald Burgess was a very vulnerable amputee wheelchair user who was suffering from dementia.
After the care home called the police, the two officers arrived at the front door and immediately made their way to Mr Burgess’s room, Mr Nicholls said.
He claimed the two officers very quickly caused a huge escalation.
Within just one minute and 14 seconds, they had discharged the Taser at the wheelchair-bound man.
Mr Nicholls said: ‘A substantial amount of that time is taken up by shouting and then screaming at him as he was sitting unmoving in his wheelchair. When he attempts to speak they shout over him so he can’t be heard.’
He said PC Smith then hit Mr Burgess with the baton before emptying almost a full can of PAVA spray into his face.
Mr Nicholls said: ‘Asked how he was feeling he replied: “I’m dying” and is then immediately handcuffed in those circumstances’.
He said that on body-worn video footage PC Comotto could then be heard laughing and someone asking if there was any PAVA spray left in the can.
Mr Nicholls said the position of Sussex Police that it was ‘coincidental’ Mr Burgess’s death occurred so close in time to the care home incident was wrong and violence he suffered may have had a ‘causative’ effect on his death.
A post-mortem later ruled his cause of death was ‘bronchial pneumonia with cardiac disease’.
East Sussex Coroner Michael Spencer has adjourned the hearing and will decide at a later date on whether to hold a full inquest.
Following the incident PC Smith was charged with two counts of actual bodily harm while PC Comotto was charged with one count.
Last year both officers were cleared of charges of assault after a trial at Southwark Crown Court.
At the trial Paul Jarvis KC, prosecuting, told jurors the officers had chosen to ‘use force first and ask questions later’.
He said instead of trying to calm the situation down they inflamed it, using force that was unjustified and unlawful.
The hearing has been adjourned until December 15.
