Sussex officers charged over assault at care home
Care home resident Donald Burgess had dementia and used a wheelchair
- Published
Two Sussex Police officers have been charged with assaulting a 93-year-old disabled man at a care home.
Donald Burgess, who had dementia and used a wheelchair, died three weeks after he was Tasered by police in St Leonards, East Sussex in June 2022.
PC Stephen Smith, 50, and PC Rachel Comotto, 34, who remain on duty with restrictions in place, are due to appear at Westminster Magistrates' Court on 25 April.
It follows an investigation by the Independent Office for Police Conduct (IOPC) into the use of force on Mr Burgess, following a report that he had threatened staff with a knife.
PC Smith faces two charges of assault occasioning actual bodily harm (ABH), while PC Comotto is facing one charge.
The IOPC said the use of force by police on Mr Burgess included a Taser, PAVA spray - which is similar to pepper spray - a baton and handcuffs.
Mr Burgess was taken to hospital following the incident, where he died three weeks later.
The available evidence did not indicate that the officers' actions caused or contributed to his death, the IOPC said.
Mel Palmer, the watchdog's director, said its thoughts remained with Mr Burgess' family and "everyone affected by this incident".
She added that his family, Sussex Police and the coroner had been informed throughout its investigation.
"Following our investigation, the CPS has authorised charges against both officers and criminal proceedings will now take place.”
Sussex Police voluntarily referred itself to the IOPC over the incident in June 2022 and said it had "co-operated" fully with an investigation that concluded six months later.
The IOPC referred a file of evidence to the Crown Prosecution Service last June after receiving a full report from a pathologist.
The force said it was unable to comment further while it awaited the outcome of criminal proceedings but that the officers remained on duty "with restrictions in place, which are subject to regular review".
"Our thoughts are with Donald Burgess' family and those affected by this tragic incident," it added.
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