Police officers cleared of assault after tasering man, 92, in a care home

Two police officers who sprayed synthetic pepper spray and Tasered a 92-year-old amputee in a care home have been found not guilty of assault.

PC Stephen Smith and PC Rachel Comotto were accused of assault occasioning actual bodily harm against Donald Burgess, a single-leg amputee.

Mr Burgess grabbed a kitchen knife and threatened staff at Park Beck care home in St Leonards-on-Sea, East Sussex, saying he would ‘take pleasure’ in murdering them.

Within 83 seconds of entering the room, PCs Smith and Comotto sprayed synthetic pepper spray in Mr Burgess’s face, used a Taser on him, then used a baton to try and knock the knife out of his hand.

They have now both been cleared of assault by a jury at Southwark crown court. Their unanimous verdicts were delivered after about two hours of deliberations.

But they will still face gross misconduct proceedings, Sussex Police Assistant Chief Constable Paul Court said after the verdicts were handed down.

Mr Burgess was taken to hospital after the incident in June 2022, and later contracted coronavirus. He died just over three weeks later aged 93.

PC Smith said he didn’t see Mr Burgess was disabled and using a wheelchair at the time, because he was focused on the knife he was holding with ‘white knuckles’ in an ‘immense grip’.

He added he believed Mr Burgess ‘could clearly understand what we were saying to him’ as Mr Burgess reportedly asked ‘are there many more of them coming?’ – suggesting he was aware PCs Smith and Comotto were police officers.

Judge Christopher Hehir told the jury that the reason for Mr Burgess’s behaviour ‘is that he was delirious as a result of a urinary tract infection’.

Ian Mills, a use of force adviser for the police and expert for the defence, told the court PC Smith’s actions ‘would be consistent with training based on the officer’s perception of the threat at the time’.

But he did say the two officers made a ‘tactical error’ by failing to ‘fully explore avenues of information before entering the room’ with Mr Burgess inside, such as speaking to care home staff.

PC Smith, 51 denied two counts of assault, relating to his use of Pava spray and a baton, while PC Comotto, 36, denied one count for discharging her Taser.

Giving evidence, PC Smith said: ‘The way he had been threatening staff members – the threat was the knife, to the staff there and also to himself.

‘I just wanted the knife out of the gent’s hand.’

During her evidence, PC Comotto said she believed using the Taser was the safest way to ‘protect’ Mr Burgess as she feared her colleague using the baton again would cause more harm.

She added she knew the risk of injury to Mr Burgess was higher with a baton than with a Taser.

PC Comotto explained: ‘It was proportionate because other tactics had failed. If I didn’t act, something worse could happen.

‘I’m not a trigger-happy officer. It’s the first time I’ve fired my Taser.’

Prosecutors told the court the force used against Mr Burgess was excessive and unnecessary given his age and physical condition.

The Independent Office for Police Conduct (IOPC) said that both officers should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour relating to use of force, and authority, respect and courtesy.

PC Comotto is facing a further misconduct allegation relating to comments she made on social media after the incident.

The watchdog said it would liaise with Sussex Police about the misconduct hearings now that criminal proceedings are over.

IOPC director Emily Barry said: ‘Our thoughts and sympathies remain with the family of Donald Burgess.

‘We know this case – including the police body-worn footage that was released during the trial – has caused understandable concern in the community.

‘It was right that the evidence was put before a jury so the officers could be held accountable and we respect the jury’s decision.’

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