Jury Acquits Officers Following Incident Involving Use of Force on 93-Year-Old at St Leonards Care Home
Two Sussex Police officers have been acquitted by a jury of assault charges relating to the use of force on a 93-year-old disabled man at a care home in St Leonards.
PC Stephen Smith, 50, and PC Rachel Comotto, 34, stood trial at Southwark Crown Court over the alleged assault of Donald Burgess, which occurred in June 2022.
Today (28 May), PC Smith was found not guilty of two counts of assault occasioning actual bodily harm (ABH), while PC Comotto was acquitted of one count of ABH.
Despite their acquittals, both officers now face gross misconduct proceedings, the Independent Office for Police Conduct (IOPC) has confirmed.
Incident Background
The officers were called to a dementia care home in St Leonards following reports of a resident armed with a knife and threatening staff. The force used during the incident included a Taser, PAVA spray, handcuffs, and a baton.
Mr Burgess, who was frail, elderly and suffered from dementia, was taken to hospital after the encounter and sadly died three weeks later. However, available evidence found no direct link between the officers’ actions and his death.
Sussex Police Responds to Public Concern
Assistant Chief Constable Paul Court has delivered this statement following the verdicts.
What Happens Next
While the jury found both officers not guilty of criminal conduct, they will still face internal disciplinary proceedings to determine whether their actions breached professional standards.
The IOPC, which oversaw the original investigation, stated it will ensure full transparency during the misconduct process.
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