Sussex Police officers, who tasered 92-year-old amputee in a care home, found not guilty of assault
The jury took just a couple of hours to reach the verdict following a trial at Southwark Crown Court
Last updated 28th May 2025
Two police officers who used a Taser and synthetic pepper spray on a one-legged 92-year-old man in St Leonards-on-Sea, have been cleared of assault.
Pc Stephen Smith, 51, and Pc Rachel Comotto, 36, were accused of using excessive force on Donald Burgess during a confrontation at Park Beck care home, East Sussex, in June 2022.
Jurors returned their unanimous verdicts on both Sussex Police officers at Southwark Crown Court after around two hours of deliberations today (28/05.)
They found Smith not guilty of two counts of assault occasioning actual bodily harm for his use of Pava spray and for using a baton, whilst Comotto was found not guilty of one count for deploying her Taser.
The care home had called 999 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife he was given to cut his food and threatened to stab staff.
The court previously heard this was "out of character" for Mr Burgess, whose movements with the knife were described by deputy care home manager Donna Gardner as "extremely quick".
"The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection," judge Christopher Hehir told jurors.
Smith sprayed synthetic Pava pepper spray into Mr Burgess's face and used his baton to try and knock the knife out of Mr Burgess's hand, with Comotto deploying her Taser, all within a minute and 23 seconds of entering the wheelchair-bound pensioner's room.
Mr Burgess was taken to hospital after the incident and later contracted Covid.
He died 22 days later aged 93.
Prosecutors had said the force used against Mr Burgess, who had been reportedly waving the serrated cutlery knife around and telling staff he would "take pleasure" in murdering them, was "unjustified and unlawful" given his age and physical condition.
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, claiming he instead flicked the baton towards the pensioner's wrist to "knock the knife out" of his hand.
During her evidence, Comotto said she believed using the Taser was the safest way to "protect" Mr Burgess as she feared her colleague using the baton again would cause more harm.
"I'm not a trigger-happy officer," she told jurors.
"It's the first time I've fired my Taser."
The ruling today follows an Independent Office for Police Conduct investigation into the use of force.
IOPC Director Emily Barry said: “Our thoughts and sympathies remain with the family of Donald Burgess.
“We know this case – including the police body-worn footage that was released during the trial – has caused understandable concern in the community.
“It was right that the evidence was put before a jury so the officers could be held accountable and we respect the jury’s decision.”