Police officer who pepper-sprayed amputee, 92, in a wheelchair at his care home tells disciplinary hearing 'I don't think I would have done anything differently'

A police officer who used pepper spray and a baton on a wheelchair-using 92-year-old amputee at a care home has told a disciplinary hearing he would not do anything differently.PC Stephen Smith walked into the room of widower Donald Burgess and told him he would be 'sprayed or tasered' if he failed to immediately drop a knife he was holding.The 52-year-old officer said he had taken an 'authoritative approach' towards the vulnerable man because it had often worked for him before.He admitted he had failed to ask care home staff about any medical or mental health conditions the pensioner suffered from before going into his room.And he admitted he did not know Mr Burgess was a wheelchair-bound amputee until after he had used force against him.After using the pepper spray and baton his colleague PC Rachel Comotto fired her Taser on the pensioner causing him to scream out in pain and tell the officers: 'I'm dying.'Mr Burgess, a retired carpenter, was then handcuffed and driven to a police station. His condition quickly deteriorated and he was transferred to a hospital where he died three weeks later.The disciplinary hearing in Lewes, East Sussex, was told the entire incident lasted less than 90 seconds. Sussex Police officers PC Stephen Smith and PC Rachel Comotto are facing a disciplinary hearing after pepper-spraying and tasering an elderly man with dementia Mr Burgess was taken in handcuffs to a police station where his condition declined and he died three weeks later after contracting Covid-19Giving evidence, PC Smith said he walked in and used 'authoritative' commands and fully expected Mr Burgess to comply.But Aaron Rathmell, lawyer for Sussex Police, said: 'By drawing your spray and issuing an ultimatum, you created a confrontation between you and Mr Burgess where there had been no confrontation before.'He said: 'You should have tried to establish a rapport with him.'PC Smith replied: 'No.'Mr Rathmell said: 'Why not ask him what is wrong and establish some basic information about his state of mind?'PC Smith said: 'Because he still had the knife in his right hand.'Mr Rathmell said: 'Were you frustrated Mr Burgess was not complying?'PC Smith said: 'No.' PC Smith allegedly sprayed Donald Burgess in the face when he refused to let go of a knife PC Comotto allegedly used her Taser against Mr Burgess after he had been sprayed and hit with a batonMr Rathmell said: 'Are you embarrassed by your treatment of Mr Burgess?', to which PC Smith replied: 'No.'Mr Rathmell suggested that PC Smith knew Mr Burgess was in a wheelchair when he used physical force and to claim otherwise was 'a lie'.'No,' replied PC Smith.PC Smith, an officer with Sussex Police for 23 years, is facing allegations of using 'excessive force' against the pensioner amounting to 'gross misconduct'.If the allegations are proven against him, he could be sacked from the force.The incident happened at Park Beck Care Home in St Leonards-on-Sea, East Sussex, in June 2022 after police received reports of an elderly man threatening staff with a knife.PC Smith and PC Comotto arrived at the home at 1.15pm and confronted Mr Burgess who had been isolated in his own room and was holding a dinner knife.But instead of seeking more information about the vulnerable patient, the disciplinary panel was told PC Smith entered the room and, in an 'authoritative manner', demanded Mr Burgess put down the dinner knife.Asked about the approach he took, PC Smith said: 'I was expecting that knife to be dropped. It has served me well before as an officer. I've given them a command I expect to be carried out.'He agreed it was the main technique he had used in similar situations in the past.Asked by his lawyer Denis Barry why he did not take a more compassionate 'softly softly' approach, PC Smith said: 'I thought that would be the best option. I walk in, give that command. I was expecting the knife to be dropped.'Mr Barry said PC Smith did not realise Mr Burgess was in a wheelchair and only became aware after he had used force on the pensioner.The lawyer asked him why he did not pause nor gather extra information from the care home staff about Mr Burgess.PC Smith replied: 'I didn't think it was necessary at the time. I didn't have the luxury of time in my opinion because of the way he was holding the knife. That knife, I wanted it out of his hand as soon as possible.Mr Barry asked: 'Would you have done things differently on reflection?'PC Smith replied: 'No, I don't think I would.'In body-worn footage taken from PC Smith's camera, the officer can be seen challenging Mr Burgess as soon as he enters the room.He said: 'Do you want to put the knife down mate for me or you will be sprayed or tasered. It's up to you. Do you want to put it down for me?'Put it on the floor Donald don't be silly. Come on, don't be silly. We can solve this without having to resort to this.'Raising his voice, he says: 'Do as you're told. Put it down. Put it down. Donald, put it down. Seriously, put it down. Last chance. Put it down now. Drop the knife. Drop the knife!'He then pepper sprays the pensioner in the face before repeating his demands for Mr Burgess to drop the knife.When Mr Burgess fails to do so he screams at the pensioner and hits him with his police baton.PC Comotto then shouts, 'Taser, Taser', before discharging the weapon at the pensioner who screams in pain.A second video shows PC Comotto's body-worn footage she tries to tend to the pensioner, who is struggling to breathe following the pepper-spray.She says: 'Donald. How're you feeling?', followed by the 92-year-old's response: 'I'm dying.'The video footage shows the officers handcuffing the pensioner and then wheeling him out of the care home to give him fresh air.PC Comotto then had a conversation with the care home manager Steven Cooper and asked whether Mr Burgess has any diagnosed conditions.It is not alleged at the disciplinary hearing that the officers' actions contributed to the subsequent death of Mr Burgess, who died after contracting Covid-19 in hospital and suffering a cardiac arrest. The hearing continues.