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.'
'Did not see he was disabled'
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.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
25 minutes ago
- The Independent
Government urged to disrupt ‘addictive grip' of smartphones on children's lives
The Government is being urged to create child-friendly playful neighbourhoods and disrupt the 'addictive grip' of smartphones on children's lives. Closures of playgrounds, busier roads, shortened school break times and the dominance of screentime have restricted children's opportunities to play, a report has suggested. Urgent action is needed to create more opportunities for children to play outdoors and away from digital devices and social media, according to a report by the Raising the Nation Play Commission inquiry. It warned: 'Too many of our children are spending their most precious years sedentary, doomscrolling on their phones and often alone, while their health and wellbeing deteriorates.' The commission was chaired by Paul Lindley, founder of organic baby food manufacturer Ella's Kitchen, in partnership with the Centre for Young Lives think tank, which was co-founded by the former children's commissioner for England Baroness Anne Longfield. It has called on the Government to establish a National Play Strategy for England, backed by an annual £125 million investment and led by a 'minister for play'. The strategy should include a commitment to a 'step-change' in the quantity and quality of children's use of digital devices through stronger regulation, public engagement and information, and addressing addictive 'push' factors that have driven children online, the report added. The inquiry has called on the Government to raise the digital age of consent to 16 and introduce a ban on smartphones in schools during the school day. It added that it should become easier for parents to organise 'safe play' in their streets, and there should be a national ban on 'No Ball Games' signs. A poll of 2,000 parents in England, commissioned by the inquiry, suggested that 55% of parents believe their youngest child plays outside less than they did when they were children. Around three in four (76%) parents agree that people are generally less accepting of children playing outside on the street than when they were a child, according to the poll. The Raising the Nation Play Commission brought together 19 expert commissioners to conduct a year-long inquiry into how play can be restored to every childhood in England. Lady Longfield, executive chairwoman of the Centre for Young Lives, said: 'Too many of our children are spending their most precious years sedentary, doomscrolling on their phones and often alone, while their health and wellbeing deteriorates. 'It is no coincidence that the least happy generation, the generation with the highest rates of obesity and rising ill health, is the generation that plays less and less. 'As we have heard from a swathe of experts and professionals working with children over the last year, play is being squeezed out of childhoods, with drastic implications for children, our economy and public services. 'With so much at stake children really have everything to play for: their health, wellbeing, happiness, learning, and development depends on our ability to reignite the role of play. 'This report provides a blueprint for how we can get children playing again and also tackle the scourge of addictive doomscrolling, so we can prevent future generations from becoming glued to screens.' Technology Secretary Pete Kyle has indicated he is considering an 'app cap' for children. On Sunday, the minister signalled he was looking at measures to restrict the amount of time children spend on their phones, including through a possible 10pm curfew. Mr Lindley, chairman of the Raising the Nation Play Commission, said: 'Creating truly playful communities is not just about better street design, traffic management, and reduced crime, but also about a reversal of the growing culture of intolerance towards children playing. 'This will also encourage more parents to have confidence they can let their children play out more freely, in the knowledge that their children will be both having a great time and are also safe. 'We need to give our children back the time, space, opportunity, freedom – and the right – to play again.' A Government spokesperson said: 'We recognise the vital importance of play and access to nature as part of children's development and wellbeing as we strive to create the healthiest and happiest generation of children ever. 'Through our Plan for Change, we are setting young people up to achieve and thrive – both inside and outside the classroom. 'We have given hundreds of thousands of children the tools to turn their grey school spaces green as part of our National Education Nature Park, we are opening up grassroots sports to all with £100 million investment in facilities and we are working with experts to develop a framework to improve access to activities outside of school. 'Schools already have the power to completely ban phones in the classroom and the overwhelming majority – 99.8% of primary schools and 90% of secondary schools – limit or restrict use. 'And from July, new rules under the Online Safety Act will require social media platforms to protect children in the UK from seeing harmful content online.'
BreakingNews.ie
43 minutes ago
- BreakingNews.ie
Riot police respond to second night of violence in Ballymena
Police came under attack as violent disorder erupted for a second night in a row in Northern Ireland on Tuesday. Multiple cars and properties were set on fire in Ballymena while rioters hurled petrol bombs, fireworks and masonry at police officers. Advertisement The Police Service of Northern Ireland (PSNI) deployed riot police, fired plastic baton rounds, and used water cannons as well as dog units as part of its response to the disorder. In a statement, the PSNI said calm had been restored in the Clonavon Terrace, North Road and Bridge Street areas by around 1am on Wednesday. The force said there had also been 'sporadic disorder' in Newtownabbey and Carrickfergus, as well incidents in north Belfast. It came after similar violent disorder around Clonavon Terrace in the town on Monday night, following an earlier peaceful protest in the day which was organised in support of the family of a girl who was the victim of an alleged sexual assault in the area. The UK prime minister's official spokesman described those events – which saw police and ethnic minorities targeted – as 'very concerning'. Advertisement Emergency services outside a house in Ballymena (Niall Carson/PA) A senior police officer condemned the disorder as 'racist thuggery'. Assistant Chief Constable Ryan Henderson issued a public appeal for information and said the PSNI was actively working to identify those responsible for the 'racially motivated disorder in Ballymena and bring them to justice'. He said the service would deploy significant resources to any further disorder during the week. Police in Ballymena (Niall Carson/PA) On Tuesday evening, riot police were deployed to residential streets around Clonavon Terrace on Tuesday as hundreds of people gathered in the area from approximately 7pm. Advertisement The PSNI formed barricades while officers wearing armour and shields also responded to the disorder. Some masked protesters shouted abuse and threw objects at the police, including fireworks, glass bottles and pieces of metal. The PSNI advised those present to disperse and warned that water cannon would be deployed against those participating in violent activity. Police fired plastic baton rounds at some of those gathered and also used water cannons to disperse the crowd. Advertisement Many young children were present among those gathered near police lines. A vehicle on fire near Clonavon Terrace, Ballymena (Niall Carson/PA) As rioters were dispersed into other parts of the town as the evening progressed into night, a property on Bridge Street and a home on Queen Street were set on fire. Other properties had windows smashed as some residents chose to display signs about the nationalities of those normally resident, including one saying 'British household' and another with 'Filipino lives here'. Multiple cars were also set on fire as part of blazes set by rioters, including near a car wash and tyre centre off Bridge Street and on Larne Street. Advertisement The clothing of at least one participant caught fire during the disorder. The PSNI cleared streets and allowed gaps in its barricades for firefighters to tackle fires in the town as chaotic scenes continued past midnight. Officers also used a drone as part of the response to illegal activity, which saw some rioters kick in doors and ransack homes. The Northern Ireland Secretary has said there is 'no justification' for attacks on police officers or vandalism. The terrible scenes of civil disorder we have witnessed in Ballymena again this evening have no place in Northern Ireland. There is absolutely no justification for attacks on PSNI officers or for vandalism directed at people's homes or property. — Hilary Benn (@hilarybennmp) June 10, 2025 In a social media post, Hilary Benn said: 'The terrible scenes of civil disorder we have witnessed in Ballymena again this evening have no place in Northern Ireland. 'There is absolutely no justification for attacks on PSNI officers or for vandalism directed at people's homes or property.' During Monday's disorder, 15 police officers were injured and several PSNI vehicles were damaged. In Clonavon Terrace, several houses had their windows smashed and two which suffered significant smoke damage remained sealed off on Tuesday. A 29-year-old man was charged with riotous behaviour after being arrested on Monday night. Police officers using a water cannon near Clonavon Terrace (Niall Carson/PA) Mr Henderson said other arrests are expected following the examination of video footage. The earlier peaceful protest formed in support of the family of the girl. Two 14-year-old boys appeared in court on Monday charged with attempted rape. The charges were read to the teenagers by a Romanian interpreter. On Tuesday, the PSNI said it had made a third arrest in connection with the incident and reiterated a public appeal for information. Detective Inspector Olphert from the PSNI's public protection branch said: 'A 28-year-old man was arrested yesterday evening, Monday June 9. 'He has been unconditionally released from police custody following questioning.' At a press conference on Tuesday, Mr Henderson said the attacks should be 'loudly condemned by all right-thinking people'. 'Any attempt to justify or explain it as something else is misplaced,' he said at a press conference at Ballymena police station earlier on Tuesday. He said members of the minority ethnic community 'felt fear' and there will be a significant policing operation in the town in the coming days to reassure the community. Mr Henderson said that police officers from England and Wales will be brought to Northern Ireland if needed to help the PSNI in the wake of the Ballymena disorder. The UK prime minister's official spokesman said: 'The disorder we saw in Ballymena is very concerning. 'Obviously, the reports of sexual assault in the area are extremely distressing, but there is no justification for attacks on police officers while they continue to protect local communities. 'PSNI and the justice system must be allowed to carry out their jobs and our thoughts are with the victims of the assault as well as the police officers who were injured.'
Daily Mail
an hour ago
- Daily Mail
Spending review live updates: Rachel Reeves to reveal how Britain will splash the cash with NHS, defence and schools in line for windfalls
Chancellor Rachel Reeves will today unveil her spending review in Parliament. The review, which will set out day-to-day spending plans for the next three years and capital spending plans for the next four, is expected to see boosts for the NHS, defence and schools. But it is also likely to involve squeezes for other departments as the Chancellor seeks to keep within the fiscal rules she has set for herself. Her room for manoeuvre has also been further constrained by the Government's U-turn on winter fuel payments, which will see the benefit paid to pensioners receiving up to £35,000 per year at a cost of around £1.25 billion to the Treasury.
