A police officer who pepper-sprayed and used a baton on a 92-year-old wheelchair-bound amputee said he "wouldn't have done anything differently" at his disciplinary hearing.
PC Stephen Smith, 52, demanded that one-legged widower Donald Burgess drop a dinner knife he was holding, saying if the pensioner failed to do so, he would be "sprayed or Tasered". The incident took place at Park Beck Care Home in St Leonards-on-Sea, East Sussex, in June 2022, when police received reports of an elderly man threatening staff with a knife.
Officer 'created a confrontation where there was none'
PC Smith and his colleague, PC Rachel Comotto, arrived at the home at 1.15pm and confronted Mr Burgess, who had been isolated in his own room and was holding the dinner knife. A disciplinary hearing was told that PC Smith "created a confrontation where there was none", with the officer claiming he wasn't aware Mr Burgess was wheelchair-bound.
He took an "authoritative approach" towards the vulnerable man as he said this had "served him well" in his work before. PC Smith admitted he had failed to ask care home staff about any medical or mental health conditions the pensioner suffered from before going into his room. He then only realised the 92-year-old was a wheelchair-bound amputee after he had used force against him, the hearing was told.
Incident lasted less than 90 seconds
After he used the pepper spray and baton, his colleague PC Comotto fired her Taser on the vulnerable pensioner, causing him to scream out in pain and then tell the officers: "I'm dying".
Mr Burgess, a retired carpenter, was then handcuffed and driven to a police station. His condition quickly deteriorated and he was transferred to a hospital where he died three weeks later. The disciplinary hearing in Lewes, East Sussex, was told the entire incident lasted less than 90 seconds.
Giving evidence, PC Smith said he walked in and used "authoritative" commands and fully expected Mr Burgess to comply. But Aaron Rathmell, lawyer for Sussex Police, said: "By drawing your spray and issuing an ultimatum, you created a confrontation between you and Mr Burgess where there had been no confrontation before."
Officer faces gross misconduct allegations
Mr Rathmell said: "You should have tried to establish a rapport with him." PC Smith replied: "No." Mr Rathmell said: "Why not ask him what is wrong and establish some basic information about his state of mind?"
PC Smith said: "Because he still had the knife in his right hand." Mr Rathmell said: "Were you frustrated Mr Burgess was not complying?" PC Smith said: "No." Mr Rathmell said: "Are you embarrassed by your treatment of Mr Burgess?" "No," replied PC Smith. Mr Rathmell suggested that PC Smith knew Mr Burgess was in a wheelchair when he used physical force and to claim otherwise was "a lie". "No," replied PC Smith.
PC Smith, an officer with Sussex Police for 23 years, is facing allegations of using "excessive force" against the pensioner amounting to "gross misconduct". If the allegations are proven against him, he could be sacked from the force.
Asked why he took the authoritative approach, PC Smith said: "I was expecting that knife to be dropped. It has served me well before as an officer. I've given them a command I expect to be carried out." He agreed it was the main technique he had used in similar situations in the past.
Body-worn footage shows the incident
Asked by his own lawyer, Denis Barry, why he didn't take a more compassionate, "softly, softly" approach PC Smith said: "I thought that would be the best option. I walk in, give that command. I was expecting the knife to be dropped."
Mr Barry also questioned PC Smith about why he didn't gather extra information about the pensioner from care home staff. PC Smith replied: "I didn't think it was necessary at the time. I didn't have the luxury of time in my opinion because of the way he was holding the knife. That knife, I wanted it out of his hand as soon as possible."
Mr Barry asked him: "Would you have done things differently on reflection?" PC Smith replied: "No, I don't think I would."
In body-worn footage taken from PC Smith's camera, the officer can be seen challenging Mr Burgess as soon as he enters the room. He said: "Do you want to put the knife down mate for me or you will be sprayed or Tasered. It's up to you. Do you want to put it down for me? Put it on the floor Donald don't be silly. Come on, don't be silly. We can solve this without having to resort to this."
Raising his voice he says: "Do as you're told. Put it down. Put it down. Donald put it down. Seriously, put it down. Last chance. Put it down now. Drop the knife. Drop the knife!"
He then pepper sprays the pensioner in the face before repeating his demands for Mr Burgess to drop the knife. When Mr Burgess fails to do so he screams at the pensioner and hits him with his police baton.
PC Comotto then shouts "Taser, Taser" before discharging the weapon at the wheelchair-bound pensioner who screams in pain. In the second video shown of PC Comotto's body-worn footage, she tries to tend to the pensioner, who is struggling to breathe following the pepper-spray. She says: "Donald. How're you feeling?" "I'm dying," replies the 92-year-old.
The video footage shows the officers handcuffing the pensioner and then wheeling him out of the care home to give him fresh air. PC Comotto then had a conversation with the care home manager, Steven Cooper, and asks if Mr Burgess has any diagnosed conditions.
It is not alleged at the disciplinary hearing the officers' actions contributed to the subsequent death of Mr Burgess, who passed away after contracting Covid in hospital and suffering a cardiac arrest. Last year both officers were acquitted of charges of assault after a trial at Southwark Crown Court. The hearing continues.
