A court heard how Donald Burgess, 92, a single-leg amputee and wheelchair user, was allegedly tasered by a PC Rachel Comotto who said to have ‘acted within her training’
Police bodycam shows elderly amputee allegedly assaulted
A police officer who tasered a 92-year-old amputee acted within her training, a court has heard.
PC Rachel Comotto and her colleague PC Stephen Smith are accused of using excessive force on Donald Burgess at a care home in St Leonards-on-Sea, East Sussex, in June 2022. Jurors have previously heard how Mr Burgess, a single-leg amputee and wheelchair user, was sprayed in the face, struck with a baton and tasered within 83 seconds of officers entering his room. Smith, 51, denies two counts of assault occasioning actual bodily harm relating to his use of Pava spray and a baton. Comotto, 36, denies one count for discharging her Taser.
On Friday, use of force expert Ian Mills told Southwark Crown Court that using the Taser after other options had failed was a “viable action” and not something he would criticise. He said: “No tactic is without risk. You have to make that decision very rapidly.
“With the benefit of hindsight, people might say they would have done this or that – but we don’t know. He could have turned the knife on himself. The officer made a decision to take viable action and use the Taser.”
Mr Mills told jurors the situation had reached the point where “all the other options have failed” and using a Taser provided a rapid resolution. Asked by Comotto’s barrister Colin Banham whether it would have been acceptable for officers to leave Mr Burgess alone with the knife, he said: “That would be criticised.”
Mr Mills explained that the short Taser burst delivered by Comotto was within protocol, and her actions to disarm Mr Burgess and provide reassurance afterwards aligned with her training.
“Taser, like Pava, requires rapid aftercare. Once you have someone under control, it’s about reassuring them,” he said. Mr Mills noted that Comotto had shouted “Taser, Taser” as required and had pressed and released the trigger within the standard five-second window.
He added: “(The Taser) gives off an audible beep. If the trigger had been held down longer, we would have heard the bleep. The fact we didn’t indicates a single, appropriate trigger press.” Mr Mills said: “The reassurance was excellent, as was the recovery of the Taser. That is all part of the training for Taser officers.”
The only issue raised was Comotto giving Mr Burgess water immediately afterwards, which the expert said was a common misconception among officers because it can further inflame the effects of the Pava spray. “Other than the use of water, everything else was in line with training,” he said.
The trial continues.