Use of Taser on 92-year-old Donald Burgess was viable, court told

A police officer who Tasered a 92-year-old amputee who threatened to stab care home staff acted within her training, a court has heard.

PCs Rachel Comotto and Stephen Smith are accused of using excessive force on Donald Burgess at a home in St Leonards-on-Sea, East Sussex, in June 2022.

Jurors previously heard how Mr Burgess, who had one leg and used a wheelchair, was sprayed in the face, struck with a baton and Tasered within 83 seconds of officers entering his room.

Mr Burgess died in hospital three weeks later after contracting Covid-19. The PCs, who deny the charges, are not accused of being responsible for his death.

Ian Mills, a use of force expert, told Southwark Crown Court on Friday that using the Taser after other options had failed was a “viable action” and not something he would criticise.

Mr Mills told jurors the situation had reached the point where “all the other options have failed” and using a Taser provided a rapid resolution.

Asked by PC Comotto’s barrister, Colin Banham, whether it would have been acceptable for officers to leave Mr Burgess alone with the knife, he said: “That would be criticised.”

PC Comotto broke down in tears under cross examination on Friday afternoon.

Prosecuter Paul Jarvis asked her: “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?”

PC Comotto suggested Mr Burgess would move himself, or wheel himself.

The court heard that another reason she used her Taser was to prevent PC Smith from using his baton a second time.

Mr Jarvis put to her: “If you’re worried a colleague is about to batter someone, why isn’t it easier to tell them to stop, than to Taser?”

“Potentially”, said PC Comotto, adding that she could not guarantee PC Smith would hear her.

She told the court that while Mr Burgess remained in possession of the knife he could use it.

Mr Jarvis asked: “What was the basis for thinking that was even a possibility?”

“As long as he remained in possession of it he was at risk and that’s based on my years of operational policing”, PC Comotto replied.

Earlier the court heard the moment PC Comotto fired her Taser was the first time she used the weapon on duty.

PC Smith, 51, denies two counts of assault occasioning actual bodily harm relating to his use of Pava spray and a baton.

PC Comotto, 36, denies one count for discharging her Taser.

The trial continues.

Additional reporting from PA Media