Officer’s decision to spray amputee, 92, was ‘consistent with training’

A police officer’s decision to spray a 92-year-old amputee who threatened to stab care home staff was “consistent with training”, a court has been told.

Pc Stephen Smith, 51, faces trial alongside his colleague Pc Rachel Comotto, 36, for allegedly using excessive force on Donald Burgess during an incident at Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022.

Mr Burgess was taken to hospital after the incident, during which he was sprayed with an incapacitant and tasered, and later contracted Covid. He died 22 days later aged 93.

The care home had called 999 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab staff.

Smith previously told the jury sitting at Southwark Crown Court he tried to convince Mr Burgess to drop the knife and warned him he could tasered before deciding to spray Pava synthetic pepper spray into the pensioner’s face.

Ian Mills, a use of force adviser for the police and expert for the defence, told the court on Thursday: “That would be consistent with training based on the officer’s perception of the threat at the time.

“His (Pc Smith’s) use of force, though difficult to watch, was generally in accordance with his training.”

Mr Mills said: “There is the perceived threat of the knife, they (the officers) tried … grabbing the knife, which failed, they tried with threatening Pava, which is not getting a result.

“He (Pc Smith) then states his intention (to use Pava) to ensure the safety of staff and the safety of other residents at the care home.”

When Mr Burgess did not drop the knife after he was sprayed, Pc Smith deployed a baton to “try and knock the knife out of Mr Burgess’s hand”, the officer previously told the court.

Commenting on this incident, Mr Mills agreed the officer used his baton with “minimal force”.

He continued: “His use of the baton was also in general accordance with training based on the circumstances.

“These choices should be based on the information the officers have at that time and the officers’ honestly held beliefs at the time of the incident, even if they are later found to be wrong.

“People are unpredictable, techniques are unreliable, so officers have to adapt to the situation.

“They make split-second decisions based on their perception of the circumstances whilst in fast-moving situations and without the benefit of hindsight.”

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

He said: “There was an opportunity on arrival to the scene to further assess the incident – for example, the medical history and usual behaviour of the subject.”

Earlier this week, jurors heard that Smith allegedly emptied a full canister of synthetic Pava spray into Mr Burgess’s face and struck him with a baton, with Comotto deploying her Taser – all within one minute and 23 seconds of entering his room.

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

Mr Mills seemed to agree with this assessment, stating the can of Pava was used for a total of 2 seconds on Mr Burgess, when it allows for 6 seconds of use at full capacity.

Smith denies two counts of assault, relating to his use of Pava spray and a baton, while Comotto denies one count for discharging her Taser.

Prosecutors say the force used against Mr Burgess – who had been reportedly threatening staff with a serrated cutlery knife and telling them he would “take pleasure” in murdering them – was excessive and unnecessary given his age and physical condition.

The trial continues.