Two police officers have been charged with causing actual bodily harm after a 93-year-old, one-legged dementia sufferer died following a distressing incident at a care home.
Donald Burgess, 93, was sitting in his wheelchair at Park Beck care home in St Leonards-on-Sea, East Sussex when police were called after reports of him threatening staff with a knife. Upon arrival, officers pepper sprayed Burgess and hit him with a baton before tasering him when he failed to drop the knife.
Despite being disarmed and handcuffed, Burgess’s condition deteriorated, and he was immediately transferred to the hospital. Tragically, he passed away three weeks later in July 2022.
Sussex Police referred itself to the Independent Office for Police Conduct (IOPC), which launched an investigation into the incident. Now, two officers, PC Stephen Smith and PC Rachel Comotto, have been charged with causing actual bodily harm in connection to their use of force on Burgess.
PC Smith, 50, is facing two charges of ABH, while PC Comotto, aged 34, is facing one charge. Both officers will appear at Westminster Magistrates’ Court next month (April).
IOPC director Mel Palmer expressed sympathy for Burgess’s family and stated that the investigation had been conducted in close coordination with Sussex Police and the Coroner. The decision to press charges against the officers followed a thorough examination of the evidence.
Burgess’s family expressed shock and horror at his death, describing him as having lived a blameless life. Dedicated to his late wife Ethel, Burgess’s health declined after her passing, leading him to move into the care home.
Neighbours remembered Burgess as a sociable and kind-hearted individual, highlighting his struggles with diabetes, which ultimately resulted in the amputation of his leg.
The upcoming court proceedings on April 24 will shed further light on the circumstances surrounding Burgess’s tragic death and the actions of the involved police officers.