A 92-year-old care home resident in a wheelchair was sprayed in the face with synthetic pepper spray before being Tasered and hit with a baton by police officers, a jury has been told. PC Stephen Smith emptied almost a full can of pepper spray into Donald Burgess's face when he refused to drop an item of cutlery similar to a butter knife, Southwark Crown Court heard. Mr Burgess, who had one leg, was then Tasered by PC Rachel Comotto, police body-worn camera footage shown to jurors appeared to show. PC Smith, 51, denies two counts of assault by using Pava spray and a baton, and PC Comotto denies one charge of assault by discharging her Taser. Mr Burgess was a resident at a home in St Leonards-on-Sea, East Sussex, when staff called police on 21 June 2022 after they failed to persuade him to hand over the knife, which had a specially adapted handle. Paul Jarvis KC, prosecuting, told jurors the officers made no attempt to talk to staff, and instead approached Mr Burgess, trying to interact with him. He said instead of trying to calm the situation down they inflamed it, using force that was unjustified and unlawful. Jurors were told there was nobody within arm's reach of Mr Burgess at the time, and that it should have been clear he was not mobile. "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," Mr Jarvis said. "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." The following video contains distressing scenes. Mr Jarvis KC, told the court Mr Burgess was suffering from a urinary tract infection on the day of the incident, a condition that can make a person confused, agitated, or even aggressive. He told the jury Mr Burgess was asked to hand over the knife after he had used it to flick food and poke a member of staff in the stomach. Mr Jarvis said managers had spent 30 minutes trying to get him to put the knife down. Mr Burgess, who suffered from multiple health conditions including diabetes and carotid artery disease, had been a resident at the home since 2018. He had not been diagnosed with dementia, but the care home specialised in support for people with the condition. The court was told that one minute and 23 seconds elapsed between the officers arriving and Mr Burgess being Tasered. In the body-worn camera video PC Smith can be heard repeatedly asking Mr Burgess, who was a right leg amputee, to put down the knife. When he doesn't move, PC Smith sprays him with Pava, before using his baton and 12 seconds later, Mr Burgess can be seen crying out in pain when PC Comotto uses her Taser gun. PC Smith then takes the knife from Mr Burgess. Mr Burgess was taken to hospital after the incident and later contracted Covid. He died 22 days later. Mr Jarvis told the jury: "I want to make it clear – these defendants are not responsible for his death. "He was an elderly gentleman who was unwell." But he added: "The force used was unnecessary and excessive in the circumstances. "The defendants assaulted Mr Burgess, causing actual bodily harm." The trial was adjourned until Tuesday. Additional reporting by PA Media. Follow BBC Sussex onFacebook, onX, and onInstagram. Send your story ideas tosoutheasttoday@bbc.co.ukor WhatsApp us on 08081 002250.
PC Tasered amputee, 92, in wheelchair, court hears
TruthLens AI Suggested Headline:
"Police Officers Face Trial for Excessive Force Against 92-Year-Old Amputee"
Bbc News
6.2
TruthLens AI Summary
In a distressing incident that has sparked significant legal scrutiny, a 92-year-old amputee named Donald Burgess was subjected to excessive force by police officers at a care home in St Leonards-on-Sea, East Sussex. During a court hearing at Southwark Crown Court, it was revealed that officers sprayed Burgess with synthetic pepper spray and subsequently used a Taser and baton against him after he refused to drop a piece of cutlery that resembled a butter knife. The prosecution, led by Paul Jarvis KC, argued that the officers, PC Stephen Smith and PC Rachel Comotto, acted without justifiable cause, failing to engage with care home staff or assess the situation appropriately. Instead of de-escalating the confrontation, the officers' actions exacerbated it, leading to unnecessary violence against a vulnerable elderly man who was suffering from health issues, including a urinary tract infection that could have contributed to his confusion and agitation.
The court heard that Burgess, who had been a resident of the care home since 2018, had multiple health conditions, including diabetes and carotid artery disease, and was not diagnosed with dementia but required specialized support. Jurors were shown body-worn camera footage that depicted a rapid escalation of force, with only one minute and 23 seconds passing from the time the officers arrived to when Burgess was Tasered. Despite being physically incapacitated due to his amputated leg, the officers failed to recognize his vulnerability and instead approached him with irritation. Following the incident, Burgess was hospitalized and later contracted Covid, leading to his death 22 days later. While the prosecution clarified that the officers were not responsible for his death, they asserted that the force used was excessive and unjustified, constituting assault and resulting in actual bodily harm. The trial is set to continue as the jury deliberates on the actions of the officers involved in this troubling case.
TruthLens AI Analysis
The incident involving a 92-year-old man being sprayed with pepper spray and subsequently Tasered by police raises significant concerns about the treatment of vulnerable individuals by law enforcement. The details presented in this article suggest a troubling scenario where excessive force was applied to an elderly man with limited mobility, highlighting potential issues within police protocols and their understanding of vulnerable populations.
Purpose of the Article
This report seems to aim at exposing the harsh realities of police interactions with vulnerable individuals, particularly the elderly and those with disabilities. By detailing the events leading up to the use of force, the article seeks to provoke public outrage and discussion regarding police conduct, especially in situations that involve individuals who may not fully comprehend the circumstances.
Public Perception
The narrative constructed around Mr. Burgess—a senior citizen with a disability—evokes sympathy and concern for his well-being. It paints a picture of an elderly man who was not only physically impaired but also possibly suffering from a medical condition that could affect his behavior. This portrayal may elicit a negative response towards the police officers involved, as it contrasts their aggressive actions with Mr. Burgess's vulnerability.
Omissions or Concealments
While the article provides substantial detail about the actions taken by the police, it may downplay the context in which these actions occurred, such as the specific behavior of Mr. Burgess prior to the intervention. The focus is heavily on the police's use of force, which may lead readers to overlook any potential justifications for the officers' actions. However, this does not excuse the apparent lack of de-escalation tactics.
Manipulative Elements
The framing of the article does contain manipulative elements, particularly in how it presents the details of the incident. By emphasizing Mr. Burgess's age, disability, and the distressing nature of the encounter, the report aims to position the police's actions as not just excessive but also morally reprehensible. This language can influence public sentiment against law enforcement, suggesting a narrative that holds police actions as inherently unjustifiable.
Comparative Analysis
This incident can be compared to other reports of police misconduct, especially those involving mentally ill or disabled individuals. Such reports have often sparked widespread calls for police reform, and this case might fuel similar discussions. The article fits into a broader discourse on the necessity of appropriate training for law enforcement personnel when dealing with vulnerable populations.
Potential Societal Impact
The implications of this incident may lead to increased scrutiny of police practices, particularly in how they approach situations involving vulnerable individuals. It could ignite discussions on policy changes, calling for better training in de-escalation and mental health crisis management. Additionally, public trust in law enforcement could be further eroded, resulting in more calls for accountability and transparency.
Target Audience
This news piece is likely to resonate with communities advocating for disability rights, elder care, and police reform. It aims to engage readers who are concerned about the treatment of the elderly and those with disabilities, appealing to a demographic that prioritizes civil rights and humane treatment.
Market and Economic Relevance
While this incident may not directly impact stock prices or market trends, it could influence public perception of policing and law enforcement agencies. Companies involved in security, law enforcement technology, or community services might feel the repercussions in terms of public relations and potential changes in policy or funding.
Global Context
In the larger context of global discussions about policing and human rights, this incident aligns with ongoing debates about police militarization and the treatment of marginalized groups. It reflects broader societal trends that question the appropriateness of force and the necessity of reform in policing practices across different jurisdictions.
Artificial Intelligence and Reporting
It is unlikely that artificial intelligence played a significant role in writing this article. However, if AI were involved, it might have influenced the narrative style or structure, emphasizing emotional language to engage readers. The choice of words and the framing of Mr. Burgess's experience suggest an intent to provoke a strong emotional response, which aligns with strategies often employed in media.
Trustworthiness of the Report
The information presented appears credible, relying on court testimonies and eyewitness accounts. However, the article's framing may lead to biased interpretations. Readers should consider the broader context and possible omissions to form a well-rounded understanding of the incident.