A police officer accused of using excessive force against a 92-year-old wheelchair user at a care home has told a disciplinary hearing he would not have acted differently, despite admitting he did not establish the pensioner’s medical or mental health needs before confronting him.
PC Stephen Smith entered Donald Burgess’s room at Park Beck Care Home in St Leonards-on-Sea, East Sussex, in June 2022 after reports that an elderly man was threatening staff with a dinner knife.
The 52-year-old officer told Mr Burgess he would be “sprayed or tasered” unless he dropped the knife. He then used pepper spray and a baton, before colleague PC Rachel Comotto discharged her Taser.
Mr Burgess screamed in pain and told the officers: “I’m dying.” He was handcuffed and taken to a police station, but his condition deteriorated and he was later transferred to hospital.
The retired carpenter died three weeks later after contracting Covid-19 and suffering a cardiac arrest. It is not alleged that the officers’ actions contributed to his death.
Officer defended ‘authoritative’ approach
The disciplinary hearing in Lewes was told the confrontation lasted less than 90 seconds. PC Smith said he had adopted an “authoritative approach” because it had worked for him in previous incidents.
He accepted that he had not asked care home staff about Mr Burgess’s health before entering the room. He also admitted he did not know the pensioner was wheelchair-bound and an amputee until after force had been used.
A lawyer for Sussex Police, Aaron Rathmell, suggested that drawing his spray and issuing an ultimatum had created a confrontation where none had previously existed.
“You should have tried to establish a rapport with him,” Mr Rathmell said.
PC Smith replied: “No.”
Asked why he had not first found out what was wrong with Mr Burgess or established basic information about his state of mind, he said: “Because he still had the knife in his right hand.”
Mr Rathmell also asked whether he was embarrassed by his treatment of the pensioner. PC Smith again replied: “No.”
The officer denied a suggestion that he knew Mr Burgess was in a wheelchair when he used physical force, with PC Smith describing the claim that he did not know as untrue.
Body-worn footage shown to hearing
Footage from PC Smith’s body-worn camera showed him issuing repeated commands after entering the room.
“Do you want to put the knife down mate for me or you will be sprayed or tasered. It’s up to you,” he said.
He then raised his voice, telling Mr Burgess: “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!”
The footage shows PC Smith spraying Mr Burgess in the face and later striking him with his baton when he did not drop the knife. PC Comotto then shouted “Taser, Taser” before discharging the weapon.
A second video showed PC Comotto asking Mr Burgess how he was feeling as he struggled to breathe after being sprayed. The pensioner replied: “I’m dying.”
The officers then handcuffed him and wheeled him outside for fresh air. PC Comotto subsequently asked the care home manager, Steven Cooper, whether Mr Burgess had any diagnosed conditions.
PC Smith, who has served with Sussex Police for 23 years, faces allegations of gross misconduct involving excessive force. If proven, the allegations could result in his dismissal.
Asked by his lawyer, Denis Barry, whether he would have done anything differently on reflection, PC Smith said: “No, I don’t think I would.” The hearing continues.
