Trial Reveals Shocking Bodycam Footage as Officers Accused of Assaulting Elderly Amputee in Care Home
LONDON – May 21, 2025 – A British police officer on trial for allegedly assaulting a 92-year-old disabled man has told jurors she treated him with “utmost respect,” despite bodycam footage showing the use of a Taser and pepper spray on the wheelchair-bound care home resident. The case, being heard at Southwark Crown Court, centers on the controversial June 2022 incident involving Donald Burgess, a single-leg amputee and resident of Park Beck care home in St Leonards-on-Sea, East Sussex.
Two officers—PC Stephen Smith, 51, and PC Rachel Comotto, 36—stand accused of assault occasioning actual bodily harm, a charge they both deny.
What Happened: Inside the Incident at Park Beck Care Home
According to the prosecution, the incident occurred after care staff called police to report that Mr. Burgess was brandishing a serrated knife and making threats. When officers arrived, Burgess was found sitting in his wheelchair in his private room.
Within just 83 seconds of entering the room, PC Smith deployed nearly a full canister of Pava (pepper) spray into the elderly man’s face, then struck him with a baton. Moments later, PC Comotto discharged her Taser into the frail pensioner’s chest.
Video from body-worn police cameras, shown in court, captured the entire exchange and has become a focal point of the trial.
Defense Argument: “He Had a Knife. He Was a Threat.”
In her testimony, PC Rachel Comotto claimed that although Mr. Burgess appeared frail, she believed he posed a credible threat due to the presence of the knife.
“We didn’t know his age at the time,” she told the jury. “The situation unfolded quickly. We had to prioritize the safety of staff and ourselves. I treated Mr. Burgess with respect and courtesy before and after the force was used.”
She emphasized that the objective was to disarm Burgess safely, not to harm him, and that her actions were taken in the moment based on her professional judgment.
Prosecution’s Counterpoint: “No Justification for This Force”
The prosecution, led by Jonathan Polnay KC, described the officers’ actions as “grossly disproportionate and unjustified.” He pointed out that Burgess had limited mobility, was confined to a wheelchair, and had not posed an immediate threat of harm when the officers began using force.
“This was not a dangerous attacker. This was a very elderly, physically vulnerable man in a care home,” Polnay told the court. “The officers didn’t attempt to de-escalate or even pause before escalating to extreme force.”
Prosecutors argue that the officers failed in their duty of care, and that their use of a Taser and pepper spray on a 92-year-old violated every standard of police training and conduct.
Aftermath: Hospitalization and Death of Donald Burgess
Following the incident, Burgess was taken to the hospital for treatment. Although the charges in this case are not related to his passing, he died 22 days later from complications due to COVID-19, while still in medical care. His family has described the incident as traumatic and unnecessary, calling for accountability.
Public Reaction: Outrage and Calls for Reform
The incident has sparked nationwide outrage, with human rights groups and disability advocates demanding stricter regulations on police interactions with vulnerable individuals in care settings.
- The Independent Office for Police Conduct (IOPC) launched a separate investigation following the incident.
- The Disability Rights UK organization condemned the officers’ conduct, calling it a “frightening abuse of power.”
- Social media platforms have been flooded with anger, with trending hashtags like #JusticeForDonald and #PoliceAccountabilityUK gaining traction.
What’s Next: Trial Continues with Key Witnesses and Expert Testimony
The trial is expected to continue over the next several days, with upcoming testimonies from expert witnesses in police tactics and use-of-force policy. Mental health professionals and care home staff are also scheduled to appear.
Both defendants maintain their innocence and claim their actions were “reasonable under the circumstances.”
Key Charges:
- PC Stephen Smith and PC Rachel Comotto each face one count of assault occasioning actual bodily harmunder the Offences Against the Person Act 1861.
If found guilty, they could face substantial disciplinary action, including dismissal from the force and potential prison sentences…
