Family of Donald Burgess express ‘deep sadness’ as jury finds Sussex Police officers not guilty of assault.
Two Sussex Police officers who Tasered and pepper-sprayed a 92-year-old amputee in a care home have been found not guilty of assault, sparking outrage from the victim’s family.
PC Stephen Smith, 51, and PC Rachel Comotto, 36, were acquitted of assault occasioning actual bodily harm after a six-day trial at Southwark Crown Court. The jury deliberated for just two hours before delivering a unanimous not guilty verdict.
The Victim: Donald Burgess, 92
Mr Donald Burgess, a single-leg amputee and wheelchair user, was living at Park Beck Care Home in St Leonards-on-Sea, East Sussex, when the incident occurred in June 2022.
Care home staff called 999 after Mr Burgess reportedly grabbed a serrated knife used for eating and threatened staff, poking one in the stomach. When police arrived, he was sitting in his wheelchair holding the knife.
Within 83 seconds of entering the room, PC Smith deployed Pava pepper spray and used a baton, while PC Comotto fired her Taser at Mr Burgess. He was handcuffed and taken outside, later hospitalized and diagnosed with delirium from a UTI. He contracted Covid and died 22 days later at age 93.
Defence and Verdict
The officers argued they were attempting to disarm a potentially violent individual who had refused to drop the knife despite repeated warnings. PC Smith said he was unaware Mr Burgess was elderly or in a wheelchair, and PC Comotto said she was “shocked” to learn his age after the incident.
PC Comotto added:
“I do not believe in conscience that my use of the Taser was disproportionate, excessive or unreasonable.”
The jury agreed, finding both officers not guilty of using unlawful force.
Family Reaction
Mr Burgess’s family said they were “disappointed and saddened” by the verdict, calling the ordeal “incredibly distressing.”
“The verdict adds to our sense of injustice regarding the callous manner in which Donald… was treated. We hoped lessons would be learned.”
They are now calling for the inquest into his death to resume.
Misconduct Proceedings Still to Come
Despite the acquittal, the Independent Office for Police Conduct (IOPC) has confirmed both officers will face gross misconduct proceedings for potential breaches related to use of force, respect, and professional behaviour.
PC Comotto also faces a separate misconduct charge for comments made on social media regarding the incident.
IOPC Director Emily Barry said:
“We know this case – including the police body-worn footage – has caused understandable concern… It was right that the evidence was put before a jury.”
Context: Cause and Consequence
During the trial, the court heard that Mr Burgess’s behaviour was likely caused by delirium stemming from a catheter-related infection. Bodycam footage captured him shouting, “I’m dying,” as officers restrained him.
Judge Christopher Hehir acknowledged the case’s emotional toll, commending the family for their “quiet dignity” and jurors for handling a “very emotional and sad case.”
