Sussex officers cleared of assaulting elderly disabled man
Two Sussex Police officers have been acquitted of assault in connection to their use of force on an elderly disabled man at a St Leonards care home.
PC Stephen Smith, 50, and PC Rachel Comotto, 34, were charged with assaulting 92-year-old Donald Burgess in June 2022, including the use of Taser and PAVA spray.
Mr Burgess, who had one leg and was wheelchair-bound, died in hospital three weeks after the incident on July 13, 2022, aged 93. A pathologist determined the officers’ actions did not cause or contribute to his death.
PC Smith was acquitted by a jury at Southwark Crown Court of two counts of assault occasioning actual bodily harm (ABH) and PC Comotto of one count of ABH.
Sussex Police said gross misconduct proceedings against the two officers will now follow.
The officers had been called to the dementia care home following a report of a resident with a knife that was threatening staff.
“The use of force by the police officers included a Taser, PAVA spray, handcuffs and a baton,” the force said.
Assistant Chief Constable Paul Court said: “Firstly, I’d like to acknowledge how incredibly difficult this period must have been for Mr Burgess’s family, and I have offered them my sincere condolences.
“I recognise and understand the impact this case has had on public confidence. It is with profound regret this happened.
“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. 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 officers in this case have been held accountable to a criminal threshold and we respect the jury’s decision.”
Independent Office for Police Conduct (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.”
The IOPC has confirmed that both officers will now face gross misconduct proceedings.