Two British police officers are standing trial for allegedly using excessive force on a 92-year-old amputee during a June 2022 emergency response at a care facility in East Sussex. The incident led to the hospitalization and eventual death of Donald Burgess, a wheelchair user who contracted COVID-19 after being restrained by police.
The trial at Southwark Crown Court centers on the conduct of Police Constables Stephen Smith, 51, and Rachel Comotto, 36. Both deny charges of assault occasioning actual bodily harm in connection with the incident at Park Beck Residential Care Home in St Leonards-on-Sea.
Officers responded to a “grade one” emergency call—signaling an immediate threat—after staff reported that Donald Burgess, a wheelchair-bound amputee with serious health issues, was threatening care workers with a butter knife. Staff said they had tried to calm him for more than 30 minutes before calling police.
Body camera footage shown in court revealed that within 83 seconds of entering Burgess’s room, PC Smith had discharged nearly an entire canister of Pava spray directly into the elderly man’s face and struck him with a baton.
PC Comotto then deployed her Taser, causing Burgess to drop the knife and cry out in pain. He was restrained, handcuffed in his wheelchair, and transported to hospital. He died 22 days later after contracting COVID-19 while hospitalized.
The trial against 2 British police officers charged with assault has started in the UK.
In 2022, they pepper-sprayed & tased the 92-y-old wheelchair-bound amputee Donald Burgess in a care home refusing to hand over a butter knife.
He died from Covid 2 weeks later in a hospital pic.twitter.com/vxmWdC49r7
— Visegrád 24 (@visegrad24) May 23, 2025
Prosecutors have stated that the officers are not being held responsible for Burgess’s death but argue that the force used was “unnecessary and excessive” given his physical limitations. “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,” said prosecutor Paul Jarvis KC.
In another video presented to the jury, the officers are seen making light of the incident shortly after it occurred. Comotto is heard laughing and asking, “Oh my God, is there any left in your can?” referring to the Pava spray, a substance similar to pepper spray. Smith responds, “Probably not.” Another officer later referred to Smith’s actions as a “Smithy special,” and Smith described the situation as a “stand-off.”
Jurors also saw footage of a visibly distressed Burgess telling officers, “I’m dying,” as he was restrained. He was seated and surrounded by staff when officers entered his room. According to testimony, Burgess had earlier threatened to murder a staff member and was holding a butter knife when police arrived.
During her testimony in court, Comotto broke down into tears, insisting she fired the Taser to prevent Smith from striking Burgess again. She described the situation as volatile and said, “Our objective was clear – it was to disarm Mr. Burgess as quickly and safely as possible.” Comotto also stated she did not realize Burgess was 92 at the time and believed he was younger.
Under cross-examination, Jarvis questioned Comotto’s justification for using the Taser. “You genuinely thought that if you didn’t fire a Taser at Mr. Burgess he would try to escape? How was he going to do that?” he asked. Comotto responded that she believed Burgess, though physically limited, still posed a risk as long as he held the knife.
PC Smith faces two assault charges for his use of the incapacitant spray and baton. PC Comotto is charged with one count for deploying the Taser. Both officers maintain their actions were necessary.
Jurors have yet to hear a final verdict as the trial continues.
