TWO cops who pepper-sprayed, batoned and Tasered a 92-year-old amputee who had dementia may have contributed to his death, an inquest heard.
Donald Burgess was after he refused to let go of a specially adapted butter knife.
Chilling bodycam as PC Stephen Smith sprayed him before repeatedly striking him with his baton.
Within seconds, PC Rachel Comotto then joined in by Tasering the elderly man when he was still clutching the knife.
The entire incident lasted less than 90 seconds.
The elderly man’s family are now asking for the inquest into his death to be reopened, after the two cops were cleared of assault at Southwark Crown Court last year.
At an inquest hearing in Lewes, their barrister Jesse Nicholls said there was a clear need to investigate whether the use of force contributed to Donald’s death 22 days later.
He said: “This is a case where an elderly and very vulnerable man was subjected to significant force by and later died in circumstances he would not have been in.”
Mr Nicholls claimed the actions of the two officers may have caused “physiological stress” that may have had a “causative” effect on the care home resident’s death.
Donald, who had one leg, was a wheelchair user with and a history of serious problems including and carotid artery disease.
The family’s solicitor said officers made no effort to assess the situation before using significant force within one minute and 14 seconds.
He said: “They’re shouting, screaming threats against him while he is sitting unmoving in a wheelchair.”
When Donald was asked how he was, he replied: “I’m dying.”
The officers then handcuffed him and removed him from the care home.
The solicitor also highlighted comments allegedly made by PC Comotto as they left, saying: “You can hear PC Comotto laughing and saying, ‘Is there any Pava left in the can.'”
He said PC Comotto told care home staff she was unaware what type of home Park Beck was.
The solictor added: “They might have checked that before using spray, baton and Taser.”
Donald was taken to Conquest Hospital, where he was treated for a urinary infection.
He was not allowed to return to the care home after being discharged on June 28 and remained in hospital.
He later tested positive for Covid on July 9 and died 22 days after police were called to the home.
A post-mortem gave his cause of death as with bronchopneumonia.
Lawyers representing the officers and Sussex Police argued there was no evidence the use of force brought about his death any sooner.
Tom Day, representing Sussex Police, said: “There is no evidence the actions of the officers brought about his death any sooner than it would have been.”
The officers had been called to Park Beck in St Leonards-on-Sea on June 21, 2022 after Donald poked a worker in the stomach with the butter knife.
Despite Donald only having one leg, PC Smith claimed he did not realise he was disabled.
PC Comotto denied being “trigger-happy”.
Both officers were cleared of assault occasioning actual bodily harm at Southwark Crown Court in May last year.
Following the verdict, Donald’s family said they were “disappointed and saddened” after an “incredibly distressing” three years.
Assistant Coroner Michael Spencer said he would give his decision on whether to reopen the inquest at a later date.
PCs Smith and Comotto are also due to face a police disciplinary tribunal next week.
