EXCLUSIVE: Sussex cops Rachel Comotto and Stephen Smith walk free after jury decides pepper-spraying and tasering wheelchair-bound Donald Burgess was justified
Dramatic bodycam footage showed pensioner being hit with baton, sprayed and shocked – but jury accepts he threatened staff with knife
Two police officers who pepper-sprayed, tasered and battered a 92-year-old one-legged pensioner in his care home have been CLEARED of assault after a jury decided their shocking use of force was justified.
PC Stephen Smith, 51, and PC Rachel Comotto walked free from Southwark Crown Court yesterday after jurors accepted their claim that wheelchair-bound Donald Burgess posed a genuine threat when he grabbed a knife and vowed to “murder” care home staff.
The dramatic verdict has sent shockwaves through the justice system after harrowing bodycam footage showed the frail amputee being pepper-sprayed in the face, hit with a baton and shot with a 50,000-volt Taser during the horrific incident at Park Beck care home in St Leonards-on-Sea.
PENSIONER DIED THREE WEEKS LATER
The shocking case became even more tragic when Donald Burgess – who had multiple health conditions and used a wheelchair after losing his leg – died in hospital just three weeks after the violent confrontation in June 2022.
Despite prosecutors branding the officers’ actions as an “assault” on a “vulnerable elderly man,” the jury of seven men and five women took just hours to clear both defendants of all charges after hearing that Burgess had threatened to stab care workers.
The not guilty verdicts have sparked fury among disability rights campaigners who claim the case shows how the most vulnerable members of society are failed by a system that should protect them.
HORROR FOOTAGE SHOWN IN COURT
The trial heard harrowing details of how events unfolded when care home staff called 999 after Burgess became agitated and grabbed a kitchen knife, shouting threats at workers trying to help him.
Shocking bodycam footage played to the packed courtroom showed the moment Smith pepper-sprayed the pensioner directly in the face before Comotto discharged her Taser, sending 50,000 volts through his frail body.
The distressing video then showed Smith striking the wheelchair-bound man with his baton as Burgess cried out in pain and confusion, his one remaining leg twitching from the electric shock.
This was an elderly, vulnerable man who may not have understood what was going on,” prosecutor Edward Jarvis told the court. “Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance.”
OFFICERS ‘JOKED’ AFTER ATTACK
Perhaps most disturbing of all was evidence that the two officers were heard laughing and joking immediately after using force on the helpless pensioner, with audio capturing them making light of their actions.
The court heard how the officers showed no remorse or concern for Burgess’s wellbeing after pepper-spraying and tasering him, instead appearing to find the situation amusing.
One officer was allegedly heard joking about using “a full can” of the powerful pepper spray on the vulnerable man, showing a callous disregard for his suffering.
The shocking behavior led prosecutors to argue that the officers had acted with “irritation and annoyance” rather than the professionalism expected of police dealing with a vulnerable person in crisis.
DEFENSE: ‘HE HAD A KNIFE’
But defense lawyers successfully convinced the jury that both officers genuinely believed they were facing a dangerous situation when they arrived at the care home on June 21, 2022.
PC Smith told the court that Burgess “had ample opportunity” to drop the knife before force was used, claiming the pensioner continued to pose a threat despite his obvious physical limitations.
Mr. Burgess was holding a knife and had made threats to stab staff,” Smith’s barrister argued. “These officers had to make split-second decisions to protect themselves and others.”
The defense argued that despite his age and disability, Burgess still posed a genuine risk while holding the weapon, and that the officers’ training dictated they neutralize the threat as quickly as possible.
PC Comotto maintained that discharging her Taser was necessary to prevent potential injury to care home staff and the officers themselves.
FAMILY’S HEARTBREAK
For Donald Burgess’s devastated family, yesterday’s verdict represents a crushing blow in their fight for justice for a man they describe as a “gentle soul” who needed care and compassion, not violence.
Speaking outside court, his son Michael Burgess said: “Dad was 92 years old, in a wheelchair with one leg. How could anyone think he posed such a threat that he needed to be pepper-sprayed and tasered?”
The family’s lawyer described the verdict as “deeply disappointing” and said they were considering their legal options, including a potential civil action against Sussex Police.
“This case highlights the shocking way our most vulnerable citizens can be treated,” said the family’s solicitor. “Donald Burgess needed help, not to be attacked by those sworn to protect him.”
CARE HOME CRISIS EXPOSED
The case has shone a harsh spotlight on the crisis facing Britain’s overstretched care system, where staff dealing with confused and agitated residents often have little choice but to call police.
Experts warn that sending armed officers to deal with vulnerable people suffering from dementia or other conditions is a recipe for disaster, with tragic consequences becoming all too common.
The Care Quality Commission has faced mounting criticism over its failure to properly regulate homes and ensure staff receive adequate training in dealing with residents who may become confused or aggressive.
Donald Burgess’s case is just the latest in a series of incidents where vulnerable people have suffered at the hands of authorities who should be protecting them.
POLICE WATCHDOG INVESTIGATION
The Independent Office for Police Conduct (IOPC) launched its investigation after Sussex Police voluntarily referred the incident following Burgess’s death three weeks later.
The watchdog spent months examining bodycam footage, witness statements and medical evidence before recommending that both officers face assault charges.
But yesterday’s not guilty verdicts mean the officers will face no criminal punishment for their actions, though they could still face internal disciplinary proceedings.
Sussex Police has refused to comment on whether either officer will face any internal sanctions, saying only that they will “review the court’s findings.
SYSTEM FAILURE
The tragic case of Donald Burgess represents everything that’s wrong with how Britain treats its most vulnerable citizens – from the underfunded care system to the heavy-handed policing that too often ends in tragedy.
A 92-year-old man with one leg, confined to a wheelchair and suffering from multiple health conditions, should never have been seen as such a threat that two trained police officers felt the need to pepper-spray and taser him.
The fact that both officers have walked free sends a chilling message about how society values the lives of its elderly and disabled members.
For Donald Burgess’s family, the pain of losing their father has been compounded by a justice system that has failed to hold anyone accountable for what happened in his final weeks.
As they struggle to come to terms with yesterday’s verdict, one question remains: if a 92-year-old amputee in a wheelchair isn’t safe from police violence, then who is?
