From The Mirror post on Facebook.
PC Stephen Smith has said he 'wouldn't have done anything differently' - after pepper-spraying and using a baton on a 92-year-old wheelchair-bound amputee
The 52-year-old officer demanded that one-legged widower Donald Burgess drop a dinner knife he was holding, saying if the pensioner failed to do so, he would be "sprayed or Tasered".
The incident took place at Park Beck Care Home in St Leonards-on-Sea, East Sussex, in June 2022, when police received reports of an elderly man threatening staff with a knife.
PC Smith and his colleague, PC Rachel Comotto, arrived at the home at 1.15pm and confronted Mr Burgess, who had been isolated in his own room and was holding the dinner knife.
A disciplinary hearing was told today that PC Smith "created a confrontation where there was none", with the officer claiming he wasn't aware Mr Burgess was wheelchair-bound.
He took an "authoritative approach" towards the vulnerable man as he said this had "served him well" in his work before. PC Smith 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.
He then only realised the 92-year-old was a wheelchair-bound amputee after he had used force against him, the hearing was told. After he used the pepper spray and baton, his colleague PC Comotto fired her Taser on the vulnerable pensioner, causing him to scream out in pain and then 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. Giving 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."
Mr Rathmell said: "Are you embarrassed by your treatment of Mr Burgess?" "No," replied PC Smith. 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.
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