A distressing case involving the treatment of an elderly, disabled man by police officers in East Sussex has come before Southwark Crown Court, prompting significant public concern and scrutiny over the use of force within care environments. The court heard allegations this week that Donald Burgess, aged 93 and an amputee reliant on a wheelchair, was subjected to pepper spray, Taser usage, and baton strikes by officers responding to an emergency call at his care home in St Leonards‑on‑Sea.
The events unfolded on 21 June 2022, when police arrived at the assisted living facility following a report that Mr Burgess had flicked food at a carer and had allegedly prodded a staff member with a small knife. Despite his advanced age and limited mobility, body‑camera footage reportedly revealed the officers employing rapid escalation techniques, with prosecution barristers arguing that “unjustified and unlawful” force was used almost immediately upon entering his room.
According to evidence heard in court, only one minute and 23 seconds elapsed from the officers’ arrival to the deployment of the Taser on Mr Burgess. PC Stephen Smith, 51, is facing two charges of assault—one for the use of Pava spray and another for brandishing a baton—while his colleague, PC Rachel Comotto, stands accused of assault by using a Taser. Their defence argues that they acted in accordance with training and the urgency of the scenario, but prosecutors stress the exceptional vulnerability of the victim.
Prosecuting counsel Paul Jarvis KC described to the jury how staff at the care home had attempted for half an hour to calm the situation before, feeling unable to maintain safety, they called 999. The officers responded under a ‘grade one’ urgent call classification. Upon arrival, Mr Burgess was found in his wheelchair holding a serrated cutlery knife. Footage played in court reportedly showed PC Smith issuing him a stark ultimatum: put the knife down or face being sprayed or Tasered.
The prosecution maintains that the officers, rather than attempting de‑escalation or communication with staff, resorted to force rapidly. Jarvis told the court that PC Smith discharged an entire canister of pepper spray directly into Mr Burgess’s face and then struck him with a baton. Shortly after, PC Comotto deployed her Taser, causing audible distress to the pensioner. The knife was subsequently retrieved by the officers, who maintained there was a risk to themselves and others.
Crucially, the court heard arguments that Mr Burgess, missing one leg and confined to a wheelchair, posed little immediate threat and was not within reach of anyone else at the time of the incident. “It should have been apparent that this was a man who was not going to be mobile,” Jarvis asserted, highlighting the need for proportionality and care when engaging with elderly, vulnerable individuals.
The jury also learnt of Mr Burgess’s extensive health issues—including diabetes and carotid artery disease—and longstanding residence in the care home since 2018, despite having no formal dementia diagnosis. The tribunal was told that the home catered for those with cognitive impairments, and that Mr Burgess was already frail and in poor health. Following the incident, he was hospitalised, contracted Covid‑19, and died 22 days later—but Jarvis clearly stated the officers were not being held responsible for his death.
Nevertheless, the prosecution contends the police response ran contrary to accepted standards of duty of care, with the force used regarded as “unnecessary and excessive given the circumstances”. The defendants are accused of causing actual bodily harm to Mr Burgess. The trial proceedings have been adjourned and will resume next week.
This case raises pressing questions about the protocols for police intervention in care settings, particularly where residents have significant physical or cognitive disabilities, and the balance between safeguarding staff and minimising harm to vulnerable individuals. With public attention focused on the outcome, the case may yet prompt calls for a review of training and procedures designed to protect both care staff and those they serve.