Police Officers Cleared of Assault Charges in Incident Involving 92-Year-Old Man

Two police officers have been cleared of assault charges after using a Taser and synthetic pepper spray on a 92-year-old man who had grabbed a knife and threatened staff at a care home in Sussex. Pc Stephen Smith, 51, and Pc Rachel Comotto, 36, were accused of using excessive force on Donald Burgess during the confrontation in June 2022. The incident, captured on body-worn video, showed the officers responding quickly to the situation, with Smith spraying Pava pepper spray into Mr. Burgess's face and Comotto deploying her Taser within a minute and 23 seconds of entering the room.

Key Takeaways:

• The police officers, Pc Stephen Smith and Pc Rachel Comotto, were accused of using excessive force on 92-year-old Donald Burgess during a confrontation at Park Beck care home in St Leonards-on-Sea, East Sussex.
• The incident occurred in June 2022, and the officers used Pava pepper spray, a baton, and a Taser on Mr. Burgess, who had grabbed a knife and threatened staff.
• The court heard that Mr. Burgess's behavior was "out of character" and was likely caused by a urinary tract infection that left him delirious.
• Mr. Burgess was taken to hospital after the incident and later contracted Covid, dying 22 days later at the age of 93.
• The two police officers were found not guilty of assault occasioning actual bodily harm, with Pc Smith cleared of two counts and Pc Comotto cleared of one count.
• The incident was captured on body-worn video, showing the officers' quick response to the situation.
• The Independent Office for Police Conduct (IOPC) investigated the incident, with the trial taking place at Southwark Crown Court in London.

Statistics:

• The incident occurred less than two minutes after the police officers entered the care home, with Taser deployment and Pava pepper spray use within 1 minute and 23 seconds.
• The police officers were responding to a 999 call from the care home, where staff had been threatened by Mr. Burgess with a knife.
• Mr. Burgess was 92 years old at the time of the incident and was a wheelchair user and one-legged amputee.
• The court heard that Mr. Burgess's urinary tract infection was likely the cause of his delirious behavior on the day of the incident.
• The officers used a Taser, Pava pepper spray, and a baton to try to subdue Mr. Burgess.

Sources:

• Independent Office for Police Conduct (IOPC) - exact investigation details unknown
• PA Media - exact caption provided
• The Independent Office for Police Conduct (IOPC) - exact investigation details unknown
• Body-worn video - exact details of the incident unknown
• Southwark Crown Court - exact trial details unknown