Man, 92, wanted to ‘murder care home staff’ before being ‘tasered by police’

A 92-year-old man in a wheelchair was Tasered by police after saying he would ‘get pleasure’ from stabbing staff at his care home, a court heard.

Donald Burgess was allegedly assaulted by Pc Stephen Smith and Pc Rachel Comotto, in East Sussex, on June 21, 2022.

Southwark Crown Court heard Mr Burgess told staff he wanted to stab them, and this prompted a 999 call from staff, the court heard.

Bodycam footage showed Mr Burgess being sprayed in the face with synthetic pepper spray, struck with a baton and tasered within 83 seconds.

Smith, 51, denies two counts of assault by using Pava spray and a baton, and Comotto denies one charge of assault by discharging her Taser.

According to care home manager Steve Cooper, Mr Burgess was threatening towards staff for more than 30 minutes.

Mr Cooper said he looked possessed and added: ‘He had a look in his eyes I’ve never seen before – he wasn’t the Donald I knew.’

He said Mr Burgess looked at him, jabbed the knife towards him and said: ‘I’m going to murder you, and I’ll enjoy it.’

He added that the care home tried ‘all other options’ before calling the police.

Jurors were played the 999 call that was made by deputy care home manager Donna Gardner.

She could be heard saying: ‘He’s threatening to stab staff and has stated that he wants to murder, and it will give him a great deal of pleasure.

‘He still has the knife. I’m concerned that if we leave him on his own, he’s going to hurt himself.

‘We’ve removed him from other residents, but he’s not given in.’

She said the knife was sharp, had a serrated edge and was given to Mr Burgess to help him cut his food properly, but warned it could harm someone.

‘Going back a few years, we had a spell where he was threatening to hang himself, so I don’t want to take any chances with this gentleman,’ she said.

In a previous hearing, the jury heard how Pc Smith told Mr Burgess: ‘Do you want to put the knife down or you will be sprayed or tasered. Those are the options.’

Mr Burgess was taken to hospital after the incident and caught Covid. He died 22 days later.

Jurors also heard that there was nobody within arm’s reach of Mr Burgess at the time, and it should have been clear he was not mobile.

‘It ought to have been obvious by the fact he had one leg that this was a man who wasn’t going to be mobile,’ Paul Jarvis, KC, prosecuting, said.

‘This was an elderly, vulnerable man who may not have understood what was going on.

‘Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance on the part of the defendants.’

Mr Burgess had been a resident at the home since 2018 and suffered from multiple health conditions, including diabetes and carotid artery disease.

While he was not diagnosed with dementia, the care home specialises in support for people who have it.

Mr Jarvis told the jury: ‘I want to make it clear – these defendants are not responsible for his death.

‘He was an elderly gentleman who was unwell.’

But he added: ‘The force used was unnecessary and excessive in the circumstances.

‘The defendants assaulted Mr Burgess, causing actual bodily harm.’

The trial continues.

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