Family in Fury as Cops Cleared Over Taser Attack on 92-Year-Old Amputee
A pair of Sussex Police officers who Tasered and pepper-sprayed a 92-year-old wheelchair-bound amputee at a care home have been found not guilty of assault, leaving the victim’s family devastated and demanding justice.
Shock Acquittal After Swift Jury Verdict
PC Stephen Smith, 51, and PC Rachel Comotto, 36, faced trial at Southwark Crown Court over the incident that left Donald Burgess seriously injured. After just two hours of deliberation, the jury returned a unanimous verdict of not guilty of assault occasioning actual bodily harm.
The Incident: A 92-Year-Old Under Attack
Donald Burgess, who lost a leg and used a wheelchair, was at Park Beck Care Home in St Leonards-on-Sea, East Sussex, in June 2022 when trouble erupted. Care staff called 999 after Mr Burgess allegedly grabbed a serrated eating knife and threatened workers, poking one in the stomach.
On arrival, officers found him holding the knife in his wheelchair. Within just 83 seconds, PC Smith deployed Pava pepper spray and struck Mr Burgess with a baton. Meanwhile, PC Comotto fired her Taser.
Mr Burgess was handcuffed, taken outside, and hospitalised. He was later diagnosed with delirium caused by a urinary tract infection. Tragically, he contracted Covid and died 22 days after the incident, aged 93.
Police Claim It Was Self-Defence
The officers said they were called to disarm a “potentially violent individual” who ignored repeated orders to drop the knife. PC Smith claimed he was unaware of Mr Burgess’s age or disability at the time. PC Comotto said she was “shocked” to discover how old he was after the event.
“I do not believe in conscience that my use of the Taser was disproportionate, excessive or unreasonable,” PC Comotto told the court.
The jury sided with the officers, deciding their use of force was lawful.
Family’s Heartbreak and Call for Justice
Mr Burgess’s family expressed “deep sadness and disappointment” over 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,” the family said.
They are pushing for the inquest into his death to resume, seeking truth and accountability.
Misconduct Hearing Still Looms
Despite the acquittal, the Independent Office for Police Conduct (IOPC) confirmed both officers will face gross misconduct proceedings over their use of force and behaviour during the incident. PC Comotto faces an additional misconduct charge linked to comments she made on social media about the case.
IOPC Director Emily Barry said: “This case, including police bodycam footage, has caused understandable concern within the community. It was right that the evidence was put before a jury.”
The Bigger Picture: Delirium and Tragedy
Court heard Mr Burgess’s aggressive behaviour resulted from delirium triggered by a catheter-related infection. Bodycam footage captured him crying out, “I’m dying,” as officers struggled to restrain him.
Judge Christopher Hehir praised the family’s “quiet dignity” throughout a “very emotional and sad case.”
