Police officers who tasered and pepper-sprayed 92-year-old amputee cleared of assault

Two police officers who used force on a 92-year-old one-legged man at his care home have been found not guilty of assault.

PC Stephen Smith, 51, and PC Rachel Comotto, 36, were cleared by a jury at Southwark Crown Court after being accused of using excessive force on Donald Burgess during an incident at Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022.

After about two hours of deliberation, jurors unanimously found Smith not guilty of two assault charges related to using Pava spray and a baton, while Comotto was acquitted of one charge for discharging her Taser.

The incident occurred after care home staff called emergency services when Mr. Burgess, a wheelchair user and amputee, reportedly grabbed a knife he had been using to cut his food and threatened staff. This behavior was said to be unusual for him and later attributed to delirium caused by a urinary tract infection, according to the presiding judge, Christopher Hehir.

Smith used synthetic pepper spray and struck with his baton in an attempt to disarm Mr. Burgess, while Comotto used a Taser—all within 83 seconds of entering the room.

Mr. Burgess was hospitalized after the incident, later contracted Covid-19, and died 22 days later at the age of 93.

Despite being cleared of criminal charges, both officers will now face internal gross misconduct proceedings, according to Assistant Chief Constable Paul Court.