Sussex officers cleared of assault charges after elderly disabled man PAVA sprayed and Tasered in care home

Sussex Police Constables Stephen Smith and Rachel Comotto have been acquitted of charges of assault occasioning actual bodily-harm, following an Independent Office for Police Conduct (IOPC) investigation into their use of force against 92-year-old care home resident Donald Burgess, including the use of Taser and PAVA spray, in June 2022.

Mr Burgess, who had one leg and was wheelchair-bound, sadly died in hospital three weeks after the incident on 13 July 2022, aged 93. A pathologist determined the officers’ actions did not cause or contribute to his death. 

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.”

Our role is to independently investigate the actions of officers and to decide, by applying the relevant legal tests and guidance, whether there is an indication that their actions would justify bringing disciplinary proceedings or whether they had potentially committed a criminal offence.

During our investigation we reviewed police body worn footage and spoke to witnesses. The two officers were interviewed under criminal caution. We also obtained a pathologist report, a statement from a police use of force subject matter expert, and reviewed force and national police policies and procedures.

At the end of our investigation, we referred a file of evidence to the Crown Prosecution Service which authorised the charges against both officers in March 2024.

We also decided that both officers should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour relating to use of force, and authority, respect and courtesy, with PC Comotto facing a further misconduct allegation relating to comments she later made on social media referring to the incident. Now that criminal proceedings have concluded, we will liaise with the force around the next steps.