14 March 2024 , 20:09
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Two police officers will appear in court charged with assaulting an elderly disabled man in a dementia care home.
PC Stephen Smith, 50, and PC Rachel Comotto, 34, are charged with assault occasioning actual bodily harm after their use of force against 93-year-old Donald Burgess. The Sussex Police officers had attended the unit in St Leonards-on-Sea in East Sussex after a report of a resident with a knife threatening staff on June 21 2022.
The officers found the pensioner, who only had one leg, in his room holding a knife. An incapacitant spray, handcuffs and a baton were used on Mr Burgess. When he failed to drop the knife one of the officers tasered him.
The 93-year-old was taken to hospital following the incident died in hospital three weeks later on July 13. Watchdog the Independent Office for Police Conduct (IOPC) said evidence did not show the incident caused or contributed to his death.
The criminal proceedings come after the IOPC investigation which began with a voluntary referral from Sussex Police in June 2022. Both police officers were handed gross misconduct orders and put on restricted duties.
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The investigation was completed six months later with a file of evidence being given to the Crown Prosecution Service in June 2023. Smith is charged with two counts of actual bodily harm, and Comotto is charged with one count of actual bodily harm.
The pair will appear at Westminster Magistrates’ Court on April 25. IOPC director Mel Palmer said: “Our thoughts remain with Mr Burgess’s family and everyone affected by this incident. We have kept his family, Sussex Police and the coroner informed throughout our investigation.
“Following our investigation, the CPS has authorised charges against both officers and criminal proceedings will now take place.”
At the time of the incident in 2022, Assistant Chief Constable Tanya Jones of Sussex Police, said: "We want to express our sympathies to the family and friends of Mr Burgess. Our thoughts remain with them at this difficult time. We are providing every assistance to the IOPC to allow for a thorough investigation and for the family to receive the answers they need."
While neighbours at Mr Burgess's former home in Battle had said they were "stunned and shocked" by his tragic death. One neighbour, who wish to remain anonymous, commented: "Oh what a tragedy. He was a lovely, sociable man. He and his wife, Ethel, lived here for years and they were a lovely couple. Ethel got cancer and the last time she went into a hospice I promised her I'd look after her Don. This is so upsetting. I can't believe it. How terrible."