Police officers deny assaulting care home amputee

Care home resident Donald Burgess died in hospital

Two police officers have pleaded not guilty to assaulting an amputee pensioner, who had dementia, with pepper spray and a Taser in his care home.

PC Rachel Comotto, 34 and PC Stephen Smith, 50, who both gave their addresses as Hastings police station, denied charges of assault occasioning actual bodily harm, at Westminster Magistrates' Court.

The two Sussex Police beat officers had attended a care home in St Leonards-on-Sea, East Sussex, on 21 June 2022, after a report of a resident with a knife threatening staff.

Donald Burgess, 93, died in hospital 22 days later.

PC Rachel Comotto pleaded not guilty to assault

Magistrates heard that care home staff called police after the care home resident, who used a wheelchair, refused used to hand over a cutlery knife.

The court heard a Taser, an incapacitant spray, handcuffs and a baton were used on Mr Burgess.

PC Comotto pleaded not guilty to one count of actual bodily harm with a Taser.

PC Smith pleaded not guilty to two charges of actual bodily harm by using a Pava spray and a baton.

Judge John Zani granted them unconditional bail and their case was sent to Southwark Crown Court where they are due to appear on 23 May.

PC Stephen Smith denied two charges

Before the hearing, the Independent Office for Police Conduct (IOPC) said evidence did not show the incident caused or contributed to the death.

Criminal proceedings followed an IOPC investigation, which began with a voluntary referral from Sussex Police in June 2022.

A file of evidence was given to the Crown Prosecution Service in June last year.