Two police officers who used a Taser and pepper spray on a 92-year-old man in a care home have been cleared of assault.
It happened in East Sussex. The man, Donald Burgess, had one leg and used a wheelchair. The officers were PC Stephen Smith and PC Rachel Comotto.
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They were taken to court over how they handled the situation but denied doing anything wrong, and the jury ended up agreeing with them.
Jury cleared both officers of all charges
At Southwark Crown Court, the jury decided Smith wasn’t guilty of two assault charges tied to him using Pava spray and a baton.
Comotto was also cleared. Her charge was about using a Taser.
The emergency call came after staff felt threatened
Staff at the care home had called the police after Mr Burgess was said to be waving a knife around and threatening people.
The knife had originally been given to him so he could cut his food.
Officers used force within 90 seconds of entering
Less than two minutes after going into his room, the officers had already used force.
Smith sprayed the old man in the face with Pava spray and tried hitting the knife out of his hand with his baton. When that didn’t work, Comotto used her Taser.
Police gave verbal warnings before using force
Before any of that, both officers had told Mr Burgess multiple times to drop the knife.
Smith was heard saying, “Put the knife down mate, or you will be sprayed or tasered. That’s up to you.”
Then he sprayed Mr. Burgess directly in the face, as shown in the bodycam footage. Smith also used his baton again when the man raised the knife, but it didn’t work. So Comotto deployed her Taser.
Officers defended their actions in court
In court, Smith said he hadn’t even noticed Mr Burgess was in a wheelchair until later. He said he was focused on the knife.
He also told the jury he didn’t hit the man with the baton. He said he just flicked it toward his wrist to knock the knife out of his hand.
Comotto said she thought using the Taser was the safest option because she didn’t want Smith using the baton again and possibly hurting the man worse.
Care home staff described disturbing behavior
Steve Cooper, the care home manager, said staff had been dealing with threats from Mr Burgess for over half an hour before calling 999.
“He was very aggressive and threatening to hurt my members of staff. He had a look in his eyes I’ve never seen before — he wasn’t the Donald I knew,” Cooper told the court.
He said Mr Burgess jabbed the knife toward him and said, “I’m going to murder you, and I’ll enjoy it.”
Another staff member, Donna Gardner, told the court his knife movements were “extremely quick.”
Burgess’ behavior was linked to a medical condition
“The reason for his behavior that day, we now know, is that he was delirious as a result of a urinary tract infection,” Judge Christopher Hehir told the jury.
He was hospitalized and died weeks later
After the whole thing, Mr Burgess was taken to the hospital.
While he was there, he caught COVID-19 and passed away about three weeks later.
Both officers will still face misconduct proceedings
Even though the jury cleared them, both officers will still face misconduct charges.
Assistant Chief Constable Paul Court said, “Police officers can find themselves in challenging and unpredictable situations where they must make split-second decisions to keep the public safe, and to do so with measure, compassion and skill.
“We support them to do this and this is what our communities expect. Use of force must be reasonable, necessary and proportionate and officers know they will be held accountable every time.
“The officers in this case have been held accountable to a criminal threshold and we respect the jury’s decision. While this concludes the criminal investigation, both officers will now face gross misconduct proceedings.”
A watchdog says more investigations are coming
The Independent Office for Police Conduct also said both officers should face a hearing over possible breaches in how they used force, and how they handled authority, respect, and courtesy.
PC Comotto is also dealing with a separate misconduct claim, but that one’s for something she posted on social media after the incident.
