Donald needed family love - not a baton and Taser

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.

"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 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.

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.

The following video contains distressing scenes.

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.

"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.

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.

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.

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.

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.

"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

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.

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."

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.

"Once the situation is under control, we inform families as soon as possible about any incidents involving their loved ones."

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