Two police officers are on trial at Southwark Crown Court, accused of assaulting a 92-year-old disabled man at his care home in East Sussex.
PC Stephen Smith and PC Rachel Comotto allegedly used excessive force against Donald Burgess, a wheelchair-bound pensioner with one leg, at a care home in St Leonards-on-Sea on June 21, 2022.
The court heard that Burgess was pepper-sprayed, hit with a baton, and shot with a Taser during the incident.
Smith denies two counts of assault by using Pava spray and a baton, while Comotto denies one charge of assault by discharging her Taser.
PC Stephen Smith and PC Rachel Comotto allegedly used excessive force against Donald Burgess
Independent Office for Police Conduct
Prosecutors claim the officers used "unjustified and unlawful" force within seconds of entering Burgess's room at the care home.
The court was told that just 83 seconds elapsed between the officers arriving and Burgess being shot with the taser.
Prosecutor Paul Jarvis KC said Burgess was sitting in his wheelchair holding a small serrated cutlery knife, upon the officers arrival.
The jury heard that the officers did not speak to staff or explain to Burgess why they were there before taking action.
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Instead, PC Smith immediately told him: "Do you want to put the knife down or you will be sprayed or tasered. Those are the options."
Staff had called police after Burgess was seen poking a care worker in the stomach with a knife after flicking food at her.
Managers at the care home wheeled him back to his room and tried for half an hour to calm him before calling 999.
The officers were dispatched under a grade one call, which is the highest level of emergency.
Burgess had been a resident at the home since 2018 and suffered from multiple health conditions, including diabetes and carotid artery disease.
The court heard that while he had not been diagnosed with dementia, the care home specialised in support for people with the condition.
PC Stephen Smith and PC Rachel Comott arrive at Westminster Magistrates' Court, London
PA
Jarvis said: "Comments made by Smith suggest he emptied all of the canister into Burgess's face."
Jurors were told Burgess was not mobile, which Jarvis noted "ought to have been obvious by the fact he had one leg".
The prosecutor argued that the force used was "unnecessary and excessive in the circumstances".
Jarvis stated: "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. The defendants assaulted Burgess, causing actual bodily harm."
