Incident Involving 93-Year-Old Man and Police

A 93-year-old man with disabilities was reportedly shot with a Taser and had synthetic pepper spray sprayed in his face before being struck with a baton, as revealed in court proceedings.

Donald Burgess is said to have been assaulted by Police Constables Stephen Smith and Rachel Commott after a call came into the nursing home where he resided in St. Leonards on Sea, East Sussex, on June 21, 2022.

Following the incident, he was hospitalized and later diagnosed with COVID-19, passing away 22 days after the altercation.

Staff at the nursing home called authorities after witnessing Burgess, who had one leg, allegedly flick food at a caregiver and then thrust a small knife at her stomach. His manager attempted to calm him for half an hour before deciding to call emergency services.

The police response was classified as a Grade 1 emergency, indicating its seriousness.

Prosecutors assert that the officers used “unjust and illegal” force just moments after entering Burgess’s room.

According to reports, a mere 1 minute and 23 seconds passed from the officers’ arrival to the moment Burgess was Tasered.

Smith, 51, denies two counts of assault involving the use of Pava spray and a baton, while Commott denies one count of assault related to the Taser usage.

Prosecutor Paul Jarvis KC stated that Burgess was in a wheelchair with a small serrated knife when the officers arrived. They did not engage with the staff or explain their presence to Burgess.

Instead, Smith allegedly told Burgess, “Do you want to put the knife down, or you’ll be sprayed or tasered. They’re optional.”

Body camera footage presented in court showed Smith directing the spray into Burgess’s face.

Jarvis remarked that it appeared Smith discharged the entire canister towards Burgess.

Shortly afterward, Smith reportedly brandished his baton and struck Burgess, while Commott deployed her Taser as Burgess cried out in pain. The officers then took the knife from him.

According to the jury, there should have been an understanding that Burgess was not mobile, and it was clear he was vulnerable.

“This was an elderly, vulnerable man who might not have fully comprehended the situation,” Jarvis noted.

He added that rather than offering understanding and compassion, Burgess faced aggression and disruption.

Burgess had been living in the nursing home since 2018 and suffered from multiple health issues, including diabetes and carotid artery disease.

The trial has been postponed until Tuesday.