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Police officers who pepper-sprayed and tasered 92-year-old amputee in care home cleared of assault | UK News


Two police officers who pepper-sprayed and tasered a 92-year-old disabled man at a care home have been cleared of assault.

PC Stephen Smith and PC Rachel Comotto went on trial over the incident involving Donald Burgess, a single-leg amputee and wheelchair user.

The officers were accused of using excessive force on Mr Burgess during a confrontation at Park Beck care home in St Leonards-on-Sea, East Sussex, on 21 June 2022. The pair had denied the charges.

Donald Burgess, 93, suffered from dementia and had one leg. Pic: PA
Image:
Donald Burgess. Pic: PA

A jury found 51-year-old Smith not guilty of two counts of assault for using Pava spray and a baton.

Comotto, 36, was found not guilty of one count of assault for deploying her Taser.

They were cleared following a trial at Southwark Crown Court in London.

The care home had called 999 after Mr Burgess reportedly grabbed a knife he was given to cut his food and threatened to stab staff.

This was “out of character” for Mr Burgess, whose knife movements were described as “extremely quick” by deputy care home manager Donna Gardner, the court previously heard.

Judge Christopher Hehir told the jury: “The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection.”

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