Police officers who pepper sprayed and tasered amputee, 92, in care home found not guilty

Sussex Police officers PC Stephen Smith and PC Rachel Comotto, who were seen PAVA-spraying and Tasering a 92-year-old amputee on video while he was in a care home, have both been found not guilty at Southwark Crown Court.

Both of the officers were involved in the altercation with Donald Burgess, a resident at the home who had one leg.

The pair had been charged with assault occasioning actual bodily harm, but have now been cleared of their actions on that day in June 2022.

Smith, 51, and Comotto, 36, were accused of using excessive force on Burgess at Park Beck care home, located in St Leonards-on-Sea, East Sussex, UK.

Jurors returned their unanimous verdicts on the officers in court following two hours of deliberations today (28 May).

Burgess died weeks after the incident for unrelated reasons (Family handout)

Smith was found not guilty on two counts of assault occasioning actual bodily harm for his use of PAVA spray before using a baton on Burgess.

Comotto was also found not guilty for using her Taser on the 92-year-old.

The officers were called by the care home after Burgess, an amputee and wheelchair user, was said to have grabbed a knife and threatened to stab staff.

Deputy care home manager Donna Gardner said that the behaviour was 'out of character' for Burgess, further claiming that his movements while armed were 'extremely quick'.

Judge Christopher Hehir told jurors: “The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection.”

The court was shown body cam footage of the officers confronting the care home resident, as Smith looked to have pepper sprayed Burgess before drawing his baton before Comotto brandished her Taser.

All of this took place within one minute and 23 seconds of the officers entering the pensioner's room.

Following the incident, the 92-year-old was taken to hospital, though he would contract COVID and sadly pass way 22 days later, aged 93.

The police officers did not get punished for their actions (Independent Office for Police Conduct)

Southward Crown Court was previously told that Smith wasn't aware of Burgess disability before warning him about being Tasered, insisting that he was focusing on the knife which was held with 'white knuckles' in an 'immense grip'.

Smith can be heard warning Burgess to put the knife down, while Ian Mills, a use of force adviser for the police and expert for the defence, pointed out that the officer's behaviour was 'consistent with training', though added that it was 'difficult to watch'.

Last week, the court also heard that Smith emptied the full pepper spray can into Burgess' face, which both he and Mills disagreed with, as it can only be used for two to six seconds at a time.