Police not guilty of assault on 92-year-old amputee

Two police officers have been found not guilty of assault occasioning actual bodily harm after a 92-year-old amputee was pepper-sprayed and Tasered at his care home.

PCs Stephen Smith, 51, and Rachel Comotto, 36, denied using excessive force on Donald Burgess at Park Beck care home in St Leonards-on-Sea, East Sussex.

Jurors returned their unanimous verdicts on both Sussex Police officers at Southwark Crown Court on Wednesday.

They found PC Smith not guilty of two counts of assault occasioning actual bodily harm for his use of Pava spray and for using a baton, whilst PC Comotto was found not guilty of one count for deploying her Taser.

The following video contains distressing scenes.

Despite this, Sussex Police Assistant Chief Constable Paul Court said that the officers would still face gross misconduct proceedings.

"Police officers can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and do so with measure, compassion, and skill," he said.

"We support them to do this and it's what our communities expect.

"Use of force must be reasonable, necessary, and proportionate, and officers know they will be held accountable for their actions every time."

The care home called 999 in June 2022 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab staff.

PC Smith sprayed synthetic Pava pepper spray into Mr Burgess's face and used his baton to try to knock the knife out of his hand, with PC Comotto deploying her Taser - all within a minute and 23 seconds of entering the pensioner's room.

Mr Burgess was taken to hospital where he contracted Covid and died 22 days later, but the officers were not being held responsible for his death.

The court previously heard that Mr Burgess' behaviour was "out of character" and that his movements with the knife were "extremely quick", deputy care home manager Donna Gardner said.

Judge Christopher Hehir told jurors: "The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection."

Prosecutors had claimed the force used against Mr Burgess, who had been reportedly waving a serrated cutlery knife around and telling staff he would "take pleasure" in murdering them, was "unjustified and unlawful" given his age and physical condition.

The court heard both officers repeatedly asked Mr Burgess to drop the knife, with PC Smith warning him: "Put the knife down mate, or you will be sprayed or tasered. That's up to you."

Footage from body-worn cameras played to the jury during the trial showed PC Smith then directly spraying Mr Burgess's face.

The care home resident then raised the knife a couple of times as PC Smith used his baton to try to get the weapon out of his hand.

When this failed, PC Comotto deployed her Taser.

PC Smith previously told jurors he did not see that Mr Burgess was disabled and using a wheelchair as he was focused on the knife the pensioner was holding in his 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 explained that she knew from her training the risk of injury to Mr Burgess was higher with a baton than with a Taser.

The officer said: "It was proportionate because other tactics had failed. If I didn't act, something worse could happen."

"I'm not a trigger-happy officer," she added. "It's the first time I've fired my Taser."

Mr Burgess' family, through solicitors Bhatt Murphy, said they were "disappointed and saddened" by the verdict.

They said they believed Mr Burgess had been treated in a "callous" manner by officers.

"From the beginning we have engaged in these legal proceedings in the hope that lessons will be learned," they added.

The Independent Office for Police Conduct (IOPC) said both officers 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.

IOPC director Emily Barry said: "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."

Additional reporting by PA Media.

Follow BBC Sussex on Facebook, on X, and on Instagram. Send your story ideas to [email protected] or WhatsApp us on 08081 002250.