Officer Defends Actions in Pepper-Spraying Elderly Amputee

A police officer involved in an incident where a 92-year-old amputee in a wheelchair was pepper-sprayed and struck with a baton has stated he would not change his actions. PC Stephen Smith testified at a disciplinary hearing that he entered the room of Donald Burgess, holding a knife, and issued an ultimatum: drop the knife or be sprayed or tasered.

PC Smith, who has been with Sussex Police for 23 years, stated he employed an "authoritative approach" because it had been effective in similar past situations. He admitted to not inquiring about Mr. Burgess's medical or mental health conditions from care home staff before entering the room. He also stated he was unaware Mr. Burgess was a wheelchair-bound amputee until after force had been used.

The incident occurred in June 2022 at the Park Beck Care Home in East Sussex, following reports of an elderly man threatening staff with a knife. PC Smith and his colleague PC Rachel Comotto arrived at approximately 1:15 p.m. and found Mr. Burgess in his room with a dinner knife.

Body-worn camera footage showed PC Smith challenging Mr. Burgess upon entering, demanding he drop the knife. When Mr. Burgess did not comply, PC Smith deployed pepper spray directly into his face. Following this, PC Smith used his police baton on Mr. Burgess.

PC Comotto then discharged her Taser. Mr. Burgess cried out in pain, exclaiming, "I'm dying." The entire encounter lasted less than 90 seconds.

Following the use of force, Mr. Burgess was handcuffed and transported to a police station. His condition deteriorated, and he was subsequently transferred to a hospital, where he died three weeks later. The hearing is not alleging that the officers' actions directly caused his death, which occurred after contracting COVID-19 and suffering a cardiac arrest.

During the hearing, PC Smith was questioned about his approach. Aaron Rathmell, the lawyer representing Sussex Police, suggested that drawing the spray and issuing an ultimatum created a confrontation where none previously existed, and that PC Smith should have attempted to establish rapport. PC Smith responded negatively to these suggestions and stated he did not believe it was necessary to pause and gather more information about Mr. Burgess, citing the time sensitivity due to the knife. When asked if he would have done anything differently, PC Smith replied, "No, I don't think I would."

PC Smith faces allegations of gross misconduct for using excessive force. If the allegations are proven, he could be dismissed from the police force. The disciplinary hearing is ongoing.