Two police officers have been charged with assaulting a pensioner in an old people’s home and will appear in court next month.
PC Stephen Smith and PC Rachel Comotto are alleged to have assaulted 93-year-old dementia patient Donald Burgess.
They used a pepper-type spray, taser and baton after a report that Mr Burgess, who used a wheelchair, had a knife and had threatened staff.
He died in hospital three weeks after he was allegedly assaulted at the Park Beck care home and restrained with handcuffs.
The Independent Office for Police Conduct said: “Two Sussex Police officers will appear in court following an Independent Office for Police Conduct (IOPC) investigation into the use of force on an elderly disabled man in a care home in June 2022.
“Police Constables Stephen Smith and Rachel Comotto will appear at Westminster Magistrates’ Court on Thursday 25 April, charged with assault occasioning actual bodily harm (ABH) in connection to their use of force on Donald Burgess in St Leonards.
“PC Smith, 50, is facing two charges of ABH, contrary to section 47 of the Offences Against the Person Act 1861, while PC Comotto, 34, is facing one charge.
“Mr Burgess was taken to hospital following an incident on Tuesday 21 June 2022 when officers attended a dementia care home following a report that a resident had a knife and was threatening staff.
“The use of force by police included a taser, PAVA spray, handcuffs and a baton.
“The 93-year-old died in hospital three weeks after the incident.
“The available evidence did not indicate that the officers’ actions caused or contributed to his death.
“We began our investigation following a voluntary referral from the force in June 2022 which we concluded six months later.
“We referred a file of evidence to the Crown Prosecution Service (CPS) in June 2023 after receiving the full report from the pathologist.”
IOPC director Mel Palmer said: “Our thoughts remain with Mr Burgess’s 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.”
