Two police officers have denied assaulting a 93-year-old, dementia-battling, one-legged care home patient after using a Taser, incapacitant spray, handcuffs and a baton on him.
Pc Stephen Smith, 50, and Pc Rachel Comotto, 34, denied charges of assault occasioning actual bodily harm in connection to their use of force against pensioner Donald Burgess when they appeared in the dock at London’s Westminster Magistrates’ Court on Thursday.
The Sussex Police officers, whose addresses were given as the care of Hastings police station, had attended the unit at Park Beck care home in St Leonards-on-Sea after a report of a resident with a knife threatening staff on June 21 2022.
A Taser, an incapacitant spray, handcuffs and a baton were used on Mr Burgess who was taken to hospital after the incident, the court heard.
Mr Burgess died in hospital three weeks later.
Comotto denied a count of assault occasioning actual bodily harm through the use of her Taser.
A Taser, an incapacitant spray, handcuffs and a baton were used on Donald Burgess, 93, (pictured) who was taken to hospital after the incident, the court heard
Pc Stephen Smith, 50, (left) and Pc Rachel Comotto, 34, (right) denied charges of assault occasioning actual bodily harm
The Sussex Police officers, whose addresses were given as the care of Hastings police station, had attended the unit at Park Beck care home on June 21 2022. Pictured: Pc Rachel Comotto
Smith denied two counts of assault occasioning actual bodily harm upon Mr Burgess by using a Pava spray and also a baton.
Comotto and Smith were unconditionally bailed to next appear at Southwark Crown Court on May 23.
Before the hearing, the Independent Office for Police Conduct (IOPC) watchdog said evidence did not show the incident caused or contributed to the death.
The criminal proceedings come Sussex Police voluntarily referred itself to the Independent Office for Police Conduct (IOPC).
IOPC director Mel Palmer said: 'Our thoughts remain with Mr Burgess' family and everyone affected by this incident. We have kept his family, Sussex Police and the Coroner informed throughout our investigation.
'Following our investigation, the CPS has authorised charges against both officers and criminal proceedings will now take place.'
The investigation was completed six months later with a file of evidence being given to the Crown Prosecution Service in June 2023.
Mr Burgess' family paid tribute to the dementia sufferer and said he had lived a 'blameless life'.
Comotto and Smith (pictured) were unconditionally bailed to next appear at Southwark Crown Court on May 23
Police were called to Park Beck care home (pictured) after reports of an elderly man threatening staff with a knife
Sussex Police voluntarily referred itself to the Independent Office for Police Conduct (IOPC) which has launched an enquiry into the incident in June 2022 which happened at at Park Beck care home in St Leonards-on-Sea, East Sussex (pictured)
Shirley Fitch, his cousin, said he had been dedicated to his wife Ethel but when she died his health deteriorated and he moved into the care home.
A neighbours at his former home in Battle, East Sussex said: 'He was a lovely, sociable man. He and his wife, Ethel, lived here for years and they were a lovely couple.
'Ethel got cancer and the last time she went into a hospice I promised her I'd look after her Don.'
She said Mr Burgess, a retired carpenter, had suffered from diabetes for some time and had to have his leg amputated as a result.
'After Ethel died he had his own carers,' the neighbour added. 'But after he had his leg amputated he only came back for one night before he had to go into a care home.'
