Two officers are accused at a pre‑inquest hearing of using excessive force — a baton strike, pepper spray and a Taser — on dementia patient Donald Burgess in his East Sussex care home. He was later taken to hospital, contracted Covid‑19 while awaiting a care placement, and died 22 days after the incident; a post‑mortem recorded bronchial pneumonia with cardiac disease. The family’s lawyer says the force may have produced physiological stress that contributed to his death. The coroner has adjourned the case until Dec. 15 to decide whether a full inquest is necessary.
Inquest Told Officers’ Use Of Baton, Pepper Spray And Taser May Have Contributed To Dementia Patient’s Death
After Donald Burgess was Tasered, he told the officers: 'I'm dying'
Two police officers who used a baton, almost a full can of pepper spray and a Taser on a wheelchair‑bound dementia patient at an East Sussex care home may have helped precipitate his death 22 days later, an inquest hearing has been told.
The police had been called to reports that the pensioner was refusing to put down a butter knife - IOPC
What Happened
The man, identified in court papers as Donald Burgess, was reported to have flicked food at staff and refused to put down a butter knife. Witnesses said officers Pc Stephen Smith (52) and Pc Rachel Comotto (37) approached the pensioner shouting. When he continued to hold the knife, Pc Smith struck his arm with a baton and sprayed pepper spray toward his face. Pc Comotto then fired a Taser, striking Mr Burgess in the chest. Footage from body‑worn cameras was described at the hearing as capturing officers laughing and asking whether any pepper spray remained.
The butter knife Mr Burgess had been holding when the police were called - Central News/CPS
"I'm dying," Mr Burgess reportedly told officers after being tasered.
Medical Aftermath and Death
Mr Burgess, a widower and wheelchair user, was arrested, handcuffed and taken to a police station. His condition worsened and he was transferred to hospital, where he was treated for a urinary tract infection and assessed as fit for discharge. The care home, Park Beck in St Leonards‑on‑Sea, reportedly declined to readmit him, so he remained in hospital while awaiting a new placement. During that period he contracted Covid‑19. He later suffered a cardiac arrest and died at Conquest Hospital in Hastings in July 2022. A post‑mortem recorded his cause of death as "bronchial pneumonia with cardiac disease." (Court papers list his age both as 92 at the time of the incident and 93 at death.)
Pc Comotto was cleared of an assault charge after the incident - PA Wire/Lucy North
Legal And Coroner Proceedings
After the care‑home incident, Pc Smith was charged with two counts of actual bodily harm and Pc Comotto with one count. Both officers were acquitted of assault following a trial at Southwark Crown Court.
At the separate pre‑inquest hearing, the family's lawyer, Jesse Nicholls, argued the force used may have caused "physiological stress" that contributed to Mr Burgess's decline and eventual death. Prosecutors at the trial had accused the officers of choosing to "use force first and ask questions later."
Assistant Coroner Michael Spencer has adjourned the hearing and will decide whether to open a full inquest. The next hearing is scheduled for Dec. 15.
Context And Reactions
The case raises questions about police responses to vulnerable people in care settings, the use of force on elderly and frail individuals, and how post‑incident medical needs and care placements are managed. Family representatives say greater restraint and de‑escalation measures should have been attempted.
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