Two Sussex Police officers who tasered and pepper-sprayed a 93-year-old disabled man inside his care home have been cleared of assault after a jury returned not guilty verdicts.
PC Stephen Smith and PC Rachel Comotto had been accused of using excessive force against Donald Burgess, a single-leg amputee and wheelchair user, during a confrontation at the Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022. Mr Burgess died three weeks later in hospital after contracting Covid-19.
Care Home Confrontation Ends in Violence
Officers were called to the care home after staff reported that Mr Burgess, who suffered from dementia, was armed with a kitchen knife and making threats to kill. Within just 83 seconds of entering his room, police used incapacitant spray in the pensioner’s face, tasered him, and used a baton in an attempt to disarm him.
Despite his age, disability and medical condition, both officers insisted they acted in line with their training and the threat posed. PC Smith told the court he hadn’t realised Mr Burgess was disabled when he entered the room, describing the pensioner’s grip on the knife as “immense”.
Officers Say Actions Were Justified
PC Comotto, who deployed the Taser, claimed she feared her colleague’s use of the baton would cause more serious injuries and said she believed the electric shock was the safest option. “If I didn’t act, something worse could have happened,” she said. “I’m not a trigger-happy officer. It’s the first time I’ve fired my Taser.”
The jury at Southwark Crown Court heard expert evidence suggesting the officers had made “tactical errors” by failing to gather enough information before engaging Mr Burgess, but that their use of force could still be considered reasonable from their point of view.
Jury Reaches Verdict, But Misconduct Looms
After just two hours of deliberation, the jury returned unanimous not guilty verdicts. But the officers’ legal troubles are not over.
Sussex Police has confirmed both PCs Smith and Comotto now face internal gross misconduct proceedings. They will be investigated for potential breaches of the force’s code of conduct – specifically over their use of force and their treatment of a vulnerable elderly man.
The Independent Office for Police Conduct (IOPC), which led the investigation, has already recommended disciplinary action and said it will now work with Sussex Police to arrange misconduct hearings.
Family Still Seeking Answers
Donald Burgess died 22 days after the incident. A post-mortem found he had tested positive for coronavirus and died of pneumonia. While a direct link between the police confrontation and his death was not established in court, the incident raised widespread public concern after bodycam footage was shown during the trial.
IOPC director Emily Barry said: “We know this case – including the body-worn footage – has caused understandable concern. It was right that the officers were held to account in court, and now we expect a thorough misconduct process to follow.”
Mr Burgess’s family has not issued a public statement since the verdicts.
