A disabled 92-year-old care home resident with one leg was sprayed in the face with synthetic pepper spray before being shot by a taser and hit with a baton by police officers, a jury has been told. PC Stephen Smith and PC Rachel Comotto are accused of assaulting one-legged Donald Burgess at Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex, on June 21, 2022.

Smith allegedly emptied almost a full can of pepper spray into Donald Burgess's face when he refused to drop an item of cutlery similar to a butter knife, Southwark Crown Court heard. Mr Burgess was then Tasered by Comotto, police body-worn camera footage shown to jurors appeared to show.

When Smith and Comotto entered his room, bodycam footage showed him sitting in a wheelchair still clutching the blade.

PC Smith can be heard saying: "Put it down mate. Come on, Donald, don't be silly.

"We can solve it without having to resort to this...Do as you're told."

The officers did not speak to the staff or explain to the care home resident why they were there, jurors heard.

Instead, PC Smith told him: "Do you want to put the knife down or you will be sprayed or tasered. Those are the options."

Prosecutor Paul Jarvis KC said: "Comments made by Mr Smith suggest he emptied all of the canister into Mr Burgess's face."

Seconds later, Smith drew his baton and struck Mr Burgess, the court heard. Comotto is then said to have deployed her Taser, and Mr Burgess cried out in pain.

The officers then took the knife from him.

Jurors heard the pair used "unjustified and unlawful" force after entering the pensioner's room.

Southwark Crown Court was told on Monday that one minute and 23 seconds elapsed between the officers arriving and Mr Burgess being shot with the Taser.

Mr Jarvis KC said: "It ought to have been obvious by the fact he had one leg that this was a man who wasn't going to be mobile.

"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."

Mr Jarvis KC, told the court Mr Burgess was suffering from a urinary tract infection on the day of the incident, a condition that can make a person confused, agitated, or even aggressive.

Mr Burgess, who suffered from multiple health conditions including diabetes and carotid artery disease, had been a resident at the home since 2018.

He had not been diagnosed with dementia, but the care home specialised in support for people with the condition.

Mr Burgess was taken to hospital after the incident and later contracted Covid. He died 22 days later.

Mr Jarvis told the jury: "I want to make it clear – these defendants are not responsible for his death.

"He was an elderly gentleman who was unwell."

But he added: "The force used was unnecessary and excessive in the circumstances.

"The defendants assaulted Mr Burgess, causing actual bodily harm."

The trial was adjourned until Tuesday.