BBC News, South East
Family handoutTwo police officers have been found not guilty of assault occasioning actual bodily harm after a 92-year-old amputee was pepper-sprayed and Tasered at his care home.
PCs Stephen Smith, 51, and Rachel Comotto, 36, denied using excessive force on Donald Burgess at Park Beck care home in St Leonards-on-Sea, East Sussex.
Jurors returned their unanimous verdicts on both Sussex Police officers at Southwark Crown Court on Wednesday.
They found PC Smith not guilty of two counts of assault occasioning actual bodily harm for his use of Pava spray and for using a baton, whilst PC Comotto was found not guilty of one count for deploying her Taser.
The care home called 999 in June 2022 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab staff.
PC Smith sprayed synthetic Pava pepper spray into Mr Burgess’s face and used his baton to try to knock the knife out of his hand, with PC Comotto deploying her Taser – all within a minute and 23 seconds of entering the pensioner’s room.
Mr Burgess was taken to hospital where he contracted Covid and died 22 days later, but the officers were not being held responsible for his death.
The court previously heard that Mr Burgess’ behaviour was “out of character” and that his movements with the knife were “extremely quick”, deputy care home manager Donna Gardner said.
PA MediaJudge 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.”
Prosecutors had claimed the force used against Mr Burgess, who had been reportedly waving a serrated cutlery knife around and telling staff he would “take pleasure” in murdering them, was “unjustified and unlawful” given his age and physical condition.
PC Smith previously told jurors he did not see that Mr Burgess was disabled and using a wheelchair as he was focused on the knife the pensioner was holding in his hand.
During his evidence, he denied emptying a full can of Pava in Mr Burgess’s face, saying it was “a short burst”.
He also denied hitting Mr Burgess with a baton, saying he instead flicked the baton towards the pensioner’s wrist to “knock the knife out” of his hand.
Additional reporting by PA Media.
















































