TWO cops have been cleared of assault after they pepper-sprayed and Tasered a 92-year-old amputee who died weeks later.
Bodycam footage showed Donald Burgess screaming out during the horror at Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex.
Donald Burgess was pepper sprayed and Tasered at a care home, jurors heardSUSSEX NEWS AND PICTURES
PAHe died in hospital three weeks later from Covid[/caption]
PAPC Stephen Smith and PC Rachel Comotto have been cleared of assault[/caption]
PC Rachel Comotto and PC Stephen Smith were called to the residence after Donald poked a worker in the stomach with a butter knife.
Smith claimed he did not know the one-legged pensioner was disabled – despite him sitting in a wheelchair – while Comotto denied she was “trigger-happy”.
The pair have now been found cleared of assault occasioning actual bodily harm following a trial.
Southwark Crown Court heard one minute and 23 seconds elapsed between the cops arriving and Donald being Tasered.
Bodycam showed him clutching a specially adapted butter knife while sat in his wheelchair when Smith and Comotto entered his room.
PC Smith can be heard saying: ‘Put it down mate. Come on, Donald, don’t be silly.
“We can solve it without having to resort to this…Do as you’re told.”
He then “emptied all or almost all of his canister” of pepper spray in Donald’s face, the court was told.
The footage also showed Smith making his way towards the pensioner with his baton extended before striking him.
Comotto then deploys her 50,000-volt Taser as Donald screams out in pain before the officers took the knife from him.
After shooting him, PC Comotto asked Donald how he was feeling, leading him to reply: “I’m dying, I’m dying.”
The officers were later seen joking about the shocking incident, jurors heard.
Donald was first pepper sprayed by SmithSUSSEX NEWS AND PICTURES
Smith then got his baton out and struck Donald, who was still holding the knifeSUSSEX NEWS AND PICTURES
The butter knife had been specially adapted for the pensioner
In separate bodycam, Comotto is seen laughing and asking Smith: “Oh my God, is there any left in your can?”
Smith replies: “Probably not.”
The court heard Donald suffered from multiple health conditions including diabetes and carotid artery disease.
He was taken to hospital after the incident and died 22 days later after contracting Covid.
The court was told the pair were “not responsible for his death”.
Police had been called to the care home on June 21, 2022, after Donald was seen poking a care worker in the stomach with a knife after flicking food at her.
He threatened staff with the blade and told them he would take pleasure in murdering them.
Managers wheeled him back to his room and tried for 30 minutes to calm him down before calling 999.
The officers were dispatched under a grade one call, meaning it was treated as the highest level of emergency.
Jurors were told the care home specialised in support for people with dementia but Donald had not been diagnosed with the disease.
Prosecutor Paul Jarvis KC said it “ought to have been obvious by the fact he had one leg that this was a man who wasn’t going to be mobile”.
He added: “This was an elderly, vulnerable man who may not have understood what was going on.
“Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance on the part of the defendants.”
But in their defence, the officers claimed Donald was clutching the knife with a “tight grip”.
Smith also said he only realised the pensioner was in a wheelchair after he was wheeled out following the incident.
He denied two counts of assault by using Pava spray and a baton, while Comotto denied one charge of assault by discharging her Taser.
PAComotto pleaded not guilty to one charge of assault[/caption]
PAShe and Smith both stood trial at Southwark Crown Court[/caption] Published: [#item_custom_pubDate]
