Police who pepper-sprayed and Tasered pensioner face sack despite being cleared
Two police officers who Tasered and pepper-sprayed a one-legged pensioner face being sacked despite being 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 the Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022.
On Wednesday, jurors found Pc Smith not guilty of two counts of assault occasioning actual bodily harm, while Pc Comotto was found not guilty of one count for deploying her Taser.
But Asst Chief Constable Paul Court, who spoke outside Southwark Crown Court following the verdicts, said the officers would be facing gross misconduct proceedings.
Police were called to the care home after Mr Burgess reportedly grabbed a knife he was given to cut his food and threatened to stab staff. Within 83 seconds of entering his room, Pc 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 Pc Comotto deploying her Taser.
Mr Burgess was taken to hospital after the incident. He later contracted Covid and died 22 days later, aged 93.
The Independent Office for Police Conduct (IOPC) said 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.
Pc Comotto faces a further misconduct allegation relating to comments she made on social media after the incident.
The watchdog said it would liaise with Sussex Police about the misconduct hearings now that criminal proceedings were over.
The court previously heard what happened was 'out of character' for Mr Burgess, whose movements with the knife were described by Donna Gardner, the deputy care home manager, 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.
Steve Cooper, the care-home manager, had previously told jurors Mr Burgess had been threatening staff for more than 30 minutes with a serrated knife before they decided to call 999.
'He was very aggressive and threatening to hurt my members of staff,' he said. 'We tried to use different de-escalation techniques. He wasn't responding to anything we said. He had a look in his eyes I've never seen before – he wasn't the Donald I knew.'
He said Mr Burgess jabbed the knife towards him and told him: 'I'm going to murder you, and I'll enjoy it.'
The court heard both Pc Smith and Pc Comotto repeatedly asked Mr Burgess to drop the knife, with Pc Smith warning him: 'Put the knife down, mate, or you will be sprayed or Tasered. That's up to you.'
Footage from body-worn cameras played to the jury during the trial showed Pc Smith then discharging the spray directly into Mr Burgess's face.
Mr Burgess then raised the knife a couple of times as Pc Smith uses his baton to try and get the knife out of his hand. When this failed, Pc Comotto deployed her Taser.
Pc Smith previously told jurors he did not see that Mr Burgess was disabled and using a wheelchair until after the incident as he was focused on the knife the pensioner was holding.
He added he believed Mr Burgess 'could clearly understand what we were saying to him' as he reportedly asked 'Are there many more of them coming?' – suggesting he was aware Pc Smith and Pc Comotto were police officers.
During his evidence, Pc Smith also denied hitting Mr Burgess with a baton, claiming he instead flicked the baton towards the pensioner's wrist to 'knock the knife out' of his hand.
Pc Smith said: 'The way he had been threatening staff members – the threat was the knife, to the staff there and also to himself. I just wanted the knife out of the gent's hand.'
During her evidence, Pc Comotto said she believed using the Taser was the safest way to 'protect' Mr Burgess as she feared her colleague using the baton again would cause more harm.
She added she knew from her training the risk of injury to Mr Burgess was higher with a baton than with a Taser.
She said: 'It was proportionate because other tactics had failed. If I didn't act, something worse could happen. I'm not a trigger-happy officer. It's the first time I've fired my Taser.'
Emily Barry, the IOPC director, 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.'
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