Police Officers Cleared of Assault Charges, but to Face Misconduct Hearings

Strategic Insights -

Sussex police officers, PC Stephen Smith and PC Rachel Comotto, have been found not guilty of assaulting 92-year-old Donald Burgess during a confrontation at a care home in June 2022. However, they will now face gross misconduct hearings for their actions. The officers were involved in a heated exchange with Burgess, who was reportedly delirious due to a urinary tract infection and had threatened to stab staff with a knife. The confrontation ended with Burgess being sprayed with synthetic pepper spray and having a Taser deployed against him.

Key Takeaways:

  • PC Stephen Smith and PC Rachel Comotto were found not guilty of assault charges related to the use of Pava spray and a Taser against 92-year-old Donald Burgess.
  • The officers will face gross misconduct hearings for potential breaches of police standards of professional behavior relating to use of force, authority, respect, and courtesy.
  • Comotto will also face a further misconduct allegation related to comments she made on social media after the incident.
  • The incident occurred in June 2022 at Park Beck care home in St Leonards-on-Sea, East Sussex.
  • Burgess died 22 days later at the age of 93, after contracting COVID-19 following the incident.
  • The officers' actions were justified as they believed Burgess was able to understand their instructions and posed a threat to staff.
  • Smith stated he did not notice Burgess was disabled until after the incident, while Comotto believed using the Taser was the safest option to protect Burgess.
  • The Independent Office for Police Conduct will liaison with Sussex police about the misconduct hearings.

Statistics:

  • Age of Donald Burgess at the time of the incident: 92
  • Number of officers involved: 2
  • Number of misconduct allegations against Comotto: 2
  • Number of days Burgess took to pass away after the incident: 22
  • Age of Burgess at the time of death: 93
  • Time it took for the officers to enter Burgess's room: 1 minute and 23 seconds

Sources:

  • Caroline Davies, "Police officers cleared of assault charges over pensioner, but face misconduct hearings", The Guardian, UK
  • "Sussex police officers to face misconduct hearings over death of pensioner", ITV News, UK
  • "Police officers cleared of assaulting pensioner, but will face misconduct hearings", CNN UK