Officer says he would repeat force used on 92-year-old care home resident
PC Stephen Smith told a disciplinary hearing that he would not have acted differently when he used pepper spray and a baton on 92-year-old Donald Burgess at a care home in East Sussex. Smith said he took an authoritative approach because it had worked in past incidents, though he accepted he had not asked staff about Burgess’s health and did not know he was a wheelchair user and amputee before using force. A colleague then used a Taser.
The incident in June 2022 began after police were called over reports that Burgess had threatened staff with a dinner knife; the hearing was told it lasted less than 90 seconds. Burgess was handcuffed and taken to a police station, then transferred to hospital as his condition worsened; he died three weeks later after contracting Covid-19. Smith faces an allegation of gross misconduct over excessive force, which could result in dismissal if proven; PC Rachel Comotto is also facing a disciplinary hearing.
- Officer says he would not change how he used force on a 92-year-old care home resident.
- He acknowledged not checking the man’s health or mobility before entering his room.
- The officer faces a gross misconduct allegation; the pensioner died weeks later after contracting Covid-19.
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Originally published by Daily Mail as “Police officer who pepper-sprayed amputee, 92, in a wheelchair at his care home tells disciplinary hearing ‘I don’t think I would have done anything differently’”.