Two police officers who used a Taser and synthetic pepper spray on a one-legged 92-year-old man at his care home residency 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 in St Leonards-on-Sea, 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 on Wednesday.
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.
Assistant Chief Constable Paul Court, who spoke outside the court following the verdicts, said the officers will be facing gross misconduct proceedings.
