In a shocking case that has stirred public outrage, two police officers have denied assaulting a 93-year-old dementia patient residing in a care home, despite deploying a Taser, incapacitant spray, handcuffs, and a baton on the elderly individual.
Pc Stephen Smith, aged 50, and Pc Rachel Comotto, aged 34, faced charges of assault occasioning actual bodily harm at London’s Westminster Magistrates’ Court. The incident occurred at Park Beck care home in St Leonards-on-Sea on June 21, 2022, following reports of a resident, Donald Burgess, threatening staff with a knife.
The court heard that a Taser, incapacitant spray, handcuffs, and a baton were used on Mr. Burgess, who was subsequently taken to the hospital. Tragically, Mr. Burgess passed away three weeks later.
Comotto denied a count of assault occasioning actual bodily harm through the use of her Taser, while Smith denied two counts of assault occasioning actual bodily harm using Pava spray and a baton on Mr. Burgess.
Both officers were granted unconditional bail and are scheduled to appear at Southwark Crown Court on May 23.
Prior to the court hearing, the Independent Office for Police Conduct (IOPC) stated that evidence did not indicate a direct link between the incident and Mr. Burgess’s death. However, Sussex Police voluntarily referred the case to the IOPC for investigation.
Mel Palmer, director of the IOPC, expressed condolences to Mr. Burgess’s family and assured them of thorough investigation and communication throughout the process. The Crown Prosecution Service (CPS) has authorized charges against the officers, marking the initiation of criminal proceedings.
The investigation into the incident was concluded in June 2023, with the file of evidence submitted to the CPS. Mr. Burgess’s family remembered him as a dementia sufferer who led a “blameless life,” dedicated to his late wife, Ethel.
Shirley Fitch, Mr. Burgess’s cousin, revealed that his health deteriorated after the passing of his wife, leading him to move into a care home. Despite the challenges he faced, Mr. Burgess was described as a sociable and beloved member of his community.
