Two Sussex police officers have been acquitted by a jury of assault in connection to their use of force on an elderly disabled man at a St Leonards care home.
PC Stephen Smith, 50, and PC Rachel Comotto, 34, were charged with assaulting Donald Burgess, 93, in June 2022.
PC Smith was acquitted by a jury of two counts of assault occasioning actual bodily harm (ABH) and PC Comotto of one count of ABH, today (28 May), at Southwark Crown Court.
Gross misconduct proceedings against the two officers will now follow.
The officers attended a dementia care home following a report of a resident with a knife that was threatening staff. The use of force by the police officers included a Taser, PAVA spray, handcuffs, and a baton.
Mr Burgess was taken to hospital following the incident and died three weeks later; however the available evidence did not indicate the officers’ actions caused or contributed to his death.
Assistant Chief Constable Paul Court said: “Firstly, I’d like to acknowledge how incredibly difficult this period must have been for Mr Burgess’s family, and I have offered them my sincere condolences.
“I recognise and understand the impact this case has had on public confidence. It is with profound regret this happened.
“Police officers can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and do so with measure, compassion, and skill. We support them to do this and it’s what our communities expect.
“Use of force must be reasonable, necessary, and proportionate, and officers know they will be held accountable for their actions every time.
“The officers in this case have been held accountable to a criminal threshold and we respect the jury’s decision."
The Independent Office for Police Conduct (IOPC) has confirmed that both officers will now face gross misconduct proceedings.
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