Police Use of Force on Dementia Patient May Have Contributed to Death, Inquest Hears

An inquest into the death of a 92-year-old dementia sufferer has heard that police officers' use of force may have contributed to his death. Donald Burgess, a resident at the Park Beck Residential Care Home in East Sussex, died 22 days after an incident on June 21, 2022, in which he was Tasered, pepper-sprayed, and struck with a baton.

According to evidence presented at the pre-inquest hearing, police were called to the care home after Mr. Burgess, who had dementia and was an amputee, prodded a staff member with a butter knife. Two officers, PC Stephen Smith and PC Comotto, arrived at the scene.

Jesse Nicholls, a lawyer representing Mr. Burgess's family, told the hearing that the officers' actions escalated the situation rapidly. He stated that within 83 seconds of their arrival, the officers began shouting and then screaming at the pensioner. When Mr. Burgess did not drop the knife, PC Smith hit him on the arm with a baton and then deployed nearly a full can of pepper spray into his face. PC Comotto then fired her Taser, hitting Mr. Burgess in the chest. At this point, Mr. Burgess reportedly groaned, "I'm dying."

Following the incident, Mr. Burgess was arrested, handcuffed, and taken from the care home to a police station. His condition deteriorated rapidly, and he was immediately taken to the hospital. He was treated for a urinary tract infection, but the care home later refused to readmit him. While awaiting a suitable care home placement, Mr. Burgess contracted COVID-19. He suffered a cardiac arrest and died at Conquest Hospital in Hastings in July 2022.

Nicholls argued that it was not sustainable to claim Mr. Burgess died of natural causes, suggesting the physiological stress caused by the officers' actions may have been a contributing factor to his death. He highlighted that Mr. Burgess was a vulnerable, amputee wheelchair user with dementia.

Evidence presented also noted that on body-worn footage, PC Comotto was heard laughing after the incident, and someone inquired if there was any pepper spray left.

Sussex Police's position that Mr. Burgess's death was coincidental to the care home incident was disputed by the family's lawyer. A post-mortem examination listed the cause of death as bronchial pneumonia with cardiac disease.

Following the incident, PC Smith was charged with two counts of actual bodily harm, and PC Comotto was charged with one count. Both officers were later cleared of assault charges after a trial at Southwark Crown Court. During that trial, the prosecution had argued that the officers used unjustified and unlawful force, choosing to "use force first and ask questions later."

East Sussex Coroner Michael Spencer has adjourned the hearing and will decide whether to hold a full inquest at a later date. The hearing is scheduled to resume on December 15.