Police officers who pepper-sprayed and tasered a 92-year-old disabled pensioner over a butter knife may have contributed to his death, an inquest has been told.
On June 21, 2022, police raced to Park Beck Residential Care Home in East Sussex after Donald Burgess, an amputee and dementia patient, flicked his food at a healthcare worker and refused to put down the dull blade.
PC Stephen Smith, 51, and PC Rachel Comotto, 34, had “shouted” at the pensioner, before the situation escalated and the pair began “screaming” at the elderly man, the inquest heard.
He was then struck in the arm by PC Smith with a baton, before the officer unleashed an entire can of pepper into Mr Burgess’s face.
PC Comotto then fired her taser into the 92-year-old’s chest, with the pensioner heard saying “I’m dying” as he was left in agony.
He was then cuffed and taken out of the care home, before being hauled into a police station by the officers.
Shortly after arriving at the police station, Mr Burgess was rushed to hospital after his condition took a turn for the worse.
The pensioner was treated for a urinary tract infection before medical professionals deemed him fit enough to be discharged.
The 92-year-old was struck in the arm by PC Smith with a baton, before the officer unleashed an entire can of pepper into his face
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INDEPENDENT OFFICE OF POLICE CONDUCT
However, Park Beck Residential Care Home refused to let him return and he was left stuck in the hospital while a place in another care home was found.
The 92-year-old subsequently contracted Covid at Conquest Hospital in Hastings, and he died shortly afterwards following a cardiac arrest.
Mr Burgess had been battling a number of illnesses at the time of his death, including diabetes and carotid artery disease.
Jesse Nicholls, a lawyer representing the pensioner’s family, told the inquest: “This is a case where an elderly and vulnerable man was subjected to considerable force by the police officers and would not have been in hospital if that force had not been used.”
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PC Comotto fired her taser into the 92-year-old’s chest, with the pensioner heard saying ‘I’m dying’ as he was left in agony
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INDEPENDENT OFFICE OF POLICE CONDUCT
Mr Nicholls said it was not “sustainable” to say the 92-year-old died of “natural causes”, and insisted that the officers’ behaviour may have triggered “physiological stress” which could have had a “causative” effect on his death.
The lawyer told the inquest that the two officers had cause a sharp escalation as he reminded the court that the 92-year-old was a wheelchair-bound dementia sufferer.
He added: “A substantial amount of that time is taken up by shouting and then screaming at him as he was sitting unmoving in his wheelchair.
“When he attempts to speak they shout over him so he can’t be heard.”
Both PC Smith and PC Comotto were cleared of assault charges at South Crown Court last year
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PA
The lawyer also slammed Sussex Police over their position to view the pensioner’s death as “coincidental” given the proximity in time between the the care home ordeal.
A post-mortem examination concluded that Mr Burgess died of “bronchial pneumonia with cardiac disease”.
East Sussex Coroner Michael Spencer has adjourned the hearing and will rule whether to hold a full inquest at a later date.
Both PC Smith and PC Comotto were cleared of assault charges at South Crown Court last year.
Prosecutor Paul Jarvis KC told the court during proceedings that they had decided to “use force first and ask questions later”.
The hearing has been adjourned until December 15.
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