Two Sussex Police officers have been found not guilty of assault charges following a highly scrutinised incident involving the use of force on a 93-year-old man at a dementia care home in St Leonards.

PC Stephen Smith, 50, and PC Rachel Comotto, 34, were acquitted by a jury at Southwark Crown Court today (28 May). The case concerned their response to a callout in June 2022, during which Donald Burgess, a wheelchair user and dementia patient, was restrained using a Taser, PAVA spray, baton, and handcuffs.

The officers had been charged with assault occasioning actual bodily harm (ABH). PC Smith faced two counts, and PC Comotto one. The jury returned not guilty verdicts on all charges after deliberating for less than two hours.

Background: Use of Force on Elderly Resident

The incident occurred at Park Beck care home, where staff had raised concerns about Mr Burgess allegedly threatening them with a serrated cutlery knife. Officers arrived to find him seated in a wheelchair holding the utensil. Within 83 seconds, both officers deployed force in an effort to disarm him.

Mr Burgess was taken to hospital and died 22 days later, although no direct link was established between his death and the officers’ actions, according to medical evidence reviewed during the trial.

Sussex Police Statement

In response to the verdict, Assistant Chief Constable Paul Court of Sussex Police acknowledged the public concern surrounding the case and confirmed that both officers will face gross misconduct proceedings.

“We understand that members of the public may have strong feelings about this case. The verdict of the jury must be respected, but the public deserves transparency. Internal disciplinary procedures will now take place to assess whether the officers’ conduct breached our professional standards.”

IOPC to Lead Misconduct Hearings

Despite the criminal acquittals, the Independent Office for Police Conduct (IOPC) has confirmed it will proceed with misconduct proceedings against both officers. These hearings will assess potential breaches of the standards of professional behaviour, including use of force, authority, respect, and courtesy.

The IOPC also confirmed that PC Comotto will face a further misconduct allegation over comments made on social media about the incident.

Family Reaction and Public Accountability

The family of Donald Burgess expressed disappointment following the jury’s decision, stating their hope that future disciplinary hearings will lead to accountability and ensure the safety of other vulnerable individuals in care settings.

What’s Next?

• Internal misconduct hearings will proceed under IOPC oversight

• Sussex Police has pledged full cooperation

• No officers currently face further criminal charges

The case continues to generate widespread public debate around the policing of vulnerable elderly individuals, particularly those with dementia or cognitive impairments, and the use of force in care home settings.