Donald Burgess’ knife was threat, accused PC tells court

A police officer believed an amputee who threatened to stab care home staff had “ample opportunity” to drop his knife before he was Tasered, a court has heard.

PC Stephen Smith told Southwark Crown Court that he did not see that Donald Burgess, 92, was disabled and in a wheelchair before he used Pava spray, and then a baton before making an arrest.

The police officer, aged 51, and PC Rachel Comotto are accused of using excessive force on Mr Burgess, who had one leg, at Park Beck care home in St Leonards-on-Sea in June 2022.

PC Smith denies two charges of assault and PC Comotto, 36, denies one charge of assault by discharging her Taser at Mr Burgess.

Mr Burgess was taken to hospital after his arrest and later contracted Covid-19.

He died 22 days later aged 93, and the PCs are not accused of being responsible for his death.

Jurors were previously told the care home had called 999 after Mr Burgess reportedly grabbed a cutlery knife and said he wanted to murder the site manager with a cutlery knife.

PC Smith told jurors: “The way he had been threatening staff members – the threat was the knife, to the staff there, and also to himself.”

The court heard both PC Smith and PC Comotto repeatedly asked Mr Burgess to drop the knife and PC Smith warned him he would be sprayed or Tasered if he did not.

PC Smith told the court he believed Mr Burgess “could clearly understand what we were saying to him”.

In the Sussex Police “use of force form”, which PC Smith filled out shortly after the incident, he wrote Mr Burgess was “given ample opportunity” to drop the knife.

Jurors heard on Monday that PC Smith allegedly emptied a canister of Pava incapacitant spray into Mr Burgess’s face and struck him with a baton before PC Comotto deployed her Taser.

On Thursday, Smith denied this and said he used a “short burst” of Pava on Mr Burgess.

“I just wanted the knife out of the gent’s hand”, PC Smith said, adding that he tried to “knock the knife out of Mr Burgess’s hand” by using the baton.

Ian Mills, a police use-of-force adviser, later testified for the defence that PC Smith’s actions “though difficult to watch, was generally in accordance with his training”.

Mr Mills agreed PC Smith used his baton with “minimal force” and said police officers make “split-second decisions based on their perception of the circumstances” and “without the benefit of hindsight”.

The two officers made a “tactical error” in failing to “fully explore avenues of information before entering the room” such as by talking to the care home staff about Mr Burgess, Mr Mills added.

Prosecutors say the force used against Mr Burgess was excessive and unnecessary given his age and physical condition.

The trial continues.