An embezzlement accusation against a police officer for using a knife as a threat, according to the accused PC. PC Stephen Smith claimed in court that an amputee who threatened to stab care home staff had sufficient time to drop his knife before being Tasered. The incident occurred at Park Beck care home in St Leonards-on-Sea, where 92-year-old Donald Burgess with one leg was subjected to what is described as excessive force by the officers. PC Smith, 51, and PC Rachel Comotto, 36, are facing assault charges for their actions towards Mr. Burgess.
Following his arrest, Mr. Burgess was taken to the hospital where he later contracted Covid-19 and tragically passed away at the age of 93, 22 days after the incident. The officers, however, are not being held responsible for his death. The encounter stemmed from a call made by the care home to emergency services after Mr. Burgess allegedly threatened the site manager with a knife. Both PC Smith and PC Comotto repeatedly requested Mr. Burgess to drop the weapon, warning him of the consequences if he refused.
Jurors were informed that PC Smith allegedly sprayed Mr. Burgess with a Pava incapacitant before striking him with a baton, leading to PC Comotto deploying her Taser. PC Smith denied the accusation, stating that he used a brief burst of Pava and tried to disarm Mr. Burgess with the baton. A police use-of-force adviser, Ian Mills, testified that PC Smith’s actions were in line with his training, albeit challenging to observe. The advisers acknowledged that officers must make quick decisions based on their judgment of the situation, without the luxury of hindsight.
The defense argued that the officers made a tactical error by not fully exploring all possible avenues of information before entering the room where Mr. Burgess was located. Prosecutors contend that the force applied to Mr. Burgess was excessive given his age and physical condition. The trial is ongoing, with the officers facing scrutiny over the handling of the situation at the care home
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