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Use of Taser on 92-year-old was viable, court told

Stuart Maisner
BBC News, South East
Charlie Rose
Home Affairs Correspondent, BBC South East
Family handout Close up image of Donald Burgess wearing a straw hat and short-sleeved patterned shirtFamily handout
Donald Burgess was a resident in a care home in St Leonards-on-Sea

A police officer who Tasered a 92-year-old amputee who threatened to stab care home staff acted within her training, a court has heard.

PCs Rachel Comotto and Stephen Smith are accused of using excessive force on Donald Burgess at a home in St Leonards-on-Sea, East Sussex, in June 2022.

Jurors previously heard how Mr Burgess, who had one leg and used a wheelchair, was sprayed in the face, struck with a baton and Tasered within 83 seconds of officers entering his room.

Mr Burgess died in hospital three weeks later after contracting Covid-19. The PCs, who deny the charges, are not accused of being responsible for his death.

Ian Mills, a use of force expert, told Southwark Crown Court on Friday that using the Taser after other options had failed was a "viable action" and not something he would criticise.

Mr Mills told jurors the situation had reached the point where "all the other options have failed" and using a Taser provided a rapid resolution.

Asked by PC Comotto's barrister, Colin Banham, whether it would have been acceptable for officers to leave Mr Burgess alone with the knife, he said: "That would be criticised."

Independent Office for Police Conduct Donald Burgess sat in a chair in a care home room with a hand holding a Taser in foregroundIndependent Office for Police Conduct
Donald Burgess was sprayed in the face and shot with a Taser, the court heard

PC Comotto broke down in tears under cross examination on Friday afternoon.

Prosecuter Paul Jarvis asked her: "You genuinely thought that if you didn't fire a Taser at Mr Burgess he would try to escape? How was he going to do that":[]}