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Donald needed family love - not a baton and Taser | Donald needed family love - not a baton and Taser |
(about 1 hour later) | |
Donald Burgess died from Covid which he contracted after being admitted to hospital following the incident | Donald Burgess died from Covid which he contracted after being admitted to hospital following the incident |
"You could see just by his eyes, that wasn't Donald," said Jason Pye, who watched footage of his great uncle Donald Burgess being sprayed with Pava, hit with a baton and Tasered by police played repeatedly in court. | "You could see just by his eyes, that wasn't Donald," said Jason Pye, who watched footage of his great uncle Donald Burgess being sprayed with Pava, hit with a baton and Tasered by police played repeatedly in court. |
"It was shocking. How does a 92-year-old know what a spray or a Taser is?" | "It was shocking. How does a 92-year-old know what a spray or a Taser is?" |
Mr Burgess, a wheelchair user who had one leg, was reportedly brandishing a cutlery knife when police arrived at his care home in St Leonards-on-Sea, East Sussex before Tasering him. | Mr Burgess, a wheelchair user who had one leg, was reportedly brandishing a cutlery knife when police arrived at his care home in St Leonards-on-Sea, East Sussex before Tasering him. |
Mr Pye said the family could have calmed Mr Burgess if they were contacted by care staff - but the home told the BBC they gave them a full update as soon as they were able to. | Mr Pye said the family could have calmed Mr Burgess if they were contacted by care staff - but the home told the BBC they gave them a full update as soon as they were able to. |
Care staff waited four hours until contacting Mr Burgess's family about the incident. | Care staff waited four hours until contacting Mr Burgess's family about the incident. |
Mr Pye said the family, who lived 10 minutes away, could have resolved the situation without the police, and should have been called immediately. | Mr Pye said the family, who lived 10 minutes away, could have resolved the situation without the police, and should have been called immediately. |
"That one room was his home. No one introduced who they were," he said. | "That one room was his home. No one introduced who they were," he said. |
The following video contains distressing scenes. | |
In the body-worn camera, Mr Burgess was asked repeatedly to put down the knife | |
He said Mr Burgess may have put down the knife if his family had sat with him for an hour or two. | He said Mr Burgess may have put down the knife if his family had sat with him for an hour or two. |
"We could have been talking to him to say 'don't be silly' and he would have recognised our voices," he said. | "We could have been talking to him to say 'don't be silly' and he would have recognised our voices," he said. |
"They phoned family members before just for general updates, so I don't understand on this occasion why didn't they think of calling someone on the list to see if someone could go up there." | "They phoned family members before just for general updates, so I don't understand on this occasion why didn't they think of calling someone on the list to see if someone could go up there." |
Sussex PCs Stephen Smith and Rachel Comotto were found not guilty of assault occasioning actual bodily harm when jurors returned their unanimous verdicts at Southwark Crown Court on 28th May. | Sussex PCs Stephen Smith and Rachel Comotto were found not guilty of assault occasioning actual bodily harm when jurors returned their unanimous verdicts at Southwark Crown Court on 28th May. |
The court heard Mr Burgess was acting out of character and threatening to murder the care home manager. | The court heard Mr Burgess was acting out of character and threatening to murder the care home manager. |
He had a urinary tract infection (UTI), which can make sufferers delirious. | He had a urinary tract infection (UTI), which can make sufferers delirious. |
The jury heard how care home staff tried for more than 30 minutes to get Mr Burgess to put down his knife, before police arrived at about 13:15 BST. | The jury heard how care home staff tried for more than 30 minutes to get Mr Burgess to put down his knife, before police arrived at about 13:15 BST. |
Mr Burgess was taken to hospital after his arrest and died 22 days later after contracting Covid-19. | Mr Burgess was taken to hospital after his arrest and died 22 days later after contracting Covid-19. |
Jason Pye said his great uncle Donald was funny and gentle | Jason Pye said his great uncle Donald was funny and gentle |
The Independent Office for Police Conduct (IOPC) said PC Smith and PC Comotto should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour, with PC Comotto facing a further misconduct allegation relating to comments she made on social media after the incident. | The Independent Office for Police Conduct (IOPC) said PC Smith and PC Comotto should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour, with PC Comotto facing a further misconduct allegation relating to comments she made on social media after the incident. |
When asked if the officers would deny or admit to the allegations, Sussex Police Federation declined to comment because of the ongoing live misconduct case. | When asked if the officers would deny or admit to the allegations, Sussex Police Federation declined to comment because of the ongoing live misconduct case. |
Mr Pye, who described his great uncle as funny and gentle, said his family were now waiting for the hearing, and for the inquest into his great uncle's death to resume. | Mr Pye, who described his great uncle as funny and gentle, said his family were now waiting for the hearing, and for the inquest into his great uncle's death to resume. |
"If Donald didn't go into hospital, he may not have caught Covid, and he may not have died when he did," he said. | "If Donald didn't go into hospital, he may not have caught Covid, and he may not have died when he did," he said. |
Outside court Donald Burgess' family told reporters they have unanswered questions | Outside court Donald Burgess' family told reporters they have unanswered questions |
Jodie Anderson, a senior caseworker at the charity Inquest, which is supporting the family, said she hoped the inquest would look at whether the care home's decision to call the police was appropriate. | Jodie Anderson, a senior caseworker at the charity Inquest, which is supporting the family, said she hoped the inquest would look at whether the care home's decision to call the police was appropriate. |
"I sincerely hope the care home staff have reflected on how they responded that day, " she said. | "I sincerely hope the care home staff have reflected on how they responded that day, " she said. |
In a statement, Regal Care Trading said: "We understand the family's concern regarding the timing of the call, and we recognise how important timely communication is in such circumstances. | In a statement, Regal Care Trading said: "We understand the family's concern regarding the timing of the call, and we recognise how important timely communication is in such circumstances. |
"However, staff must first ensure that the situation is stabilised before contacting family members." | "However, staff must first ensure that the situation is stabilised before contacting family members." |
It said that while it valued the involvement of families, its primary responsibility was to ensure the welfare and safety of all residents and staff. | It said that while it valued the involvement of families, its primary responsibility was to ensure the welfare and safety of all residents and staff. |
"In crisis situations, our policy is to promptly involve the appropriate professionals who are trained to manage complex and potentially high-risk behaviours," it said. | "In crisis situations, our policy is to promptly involve the appropriate professionals who are trained to manage complex and potentially high-risk behaviours," it said. |
"Once the situation is under control, we inform families as soon as possible about any incidents involving their loved ones." | "Once the situation is under control, we inform families as soon as possible about any incidents involving their loved ones." |
Follow BBC Sussex on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@bbc.co.uk or WhatsApp us on 08081 002250. | Follow BBC Sussex on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@bbc.co.uk or WhatsApp us on 08081 002250. |
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