wo Sussex Police officers who were filmed Tasering and pepper spraying a 92-year-old amputee in a care home have been found not guilty of assault at Southwark Crown Court.
PC Stephen Smith, 51, and PC Rachel Comotto, 36, were unanimously cleared by a jury today (28 May) after facing charges of assault occasioning actual bodily harm following an incident at Park Beck care home in St Leonards-on-Sea in June 2022.
The officers had been called to the care home after reports that Donald Burgess, a wheelchair user with one leg, had armed himself with a knife and threatened staff. Jurors were told that Burgess was later found to have been suffering from delirium caused by a urinary tract infection.
Bodycam footage shown in court captured the confrontation, in which Smith used his entire canister of PAVA spray and drew his baton, while Comotto deployed her Taser—all within 83 seconds of entering the room. Burgess was later taken to hospital and died 22 days later after contracting COVID-19. His death was not linked to the incident.
Deputy care home manager Donna Gardner testified that Burgess’ behaviour was “out of character” but noted he moved “extremely quickly” despite his condition.
Smith told the court he had not realised Burgess was disabled, focusing instead on the visible threat posed by the knife, which he said Burgess held in a white-knuckled “immense grip.” The defence’s use-of-force expert, Ian Mills, described Smith’s actions as “consistent with training” but conceded the scene was “difficult to watch.” However, he criticised the duration of pepper spray use, stating it should not exceed six seconds.
The verdict comes amid ongoing scrutiny over police use of force in care settings and against vulnerable individuals. Following the acquittal, both officers remain under review by Sussex Police’s internal disciplinary procedures.
