92-Year-Old Tasered by Police in Care Home Incident

On a quiet day in June 2022, staff at Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex, faced a troubling dilemma. A 92-year-old resident, Donald Burgess, a wheelchair user and single-leg amputee, had reportedly become agitated and poked a care worker with a butter knife after flicking food at her. What followed was a rapid chain of events that ended in tragedy - and sparked a national conversation on policing, accountability, and how we treat society’s most vulnerable.

A Rapid Response and a Split-Second Decision

Police officers Stephen Smith, 51, and Rachel Comotto, 36, were reportedly dispatched under a “grade one” emergency call - the highest priority - after the care home staff, having tried for 30 minutes to deescalate the situation, called 999.

Burgess, who was diagnosed with dementia, had returned to his room, still holding the serrated knife.

According to the BBC, when officers entered the room, bodycam footage later played in court showed Smith telling Burgess, “Put the knife down mate, or you will be sprayed or tasered. That’s up to you.”

What happened next took just 83 seconds.

Smith deployed Pava pepper spray, emptied nearly the entire canister into Burgess’ face, and used his baton. When Burgess screamed out, Comotto discharged her Taser. Only then did the officers remove the knife from his hand.

Health Declines, Legal Proceedings Begin

Burgess was transported to a hospital, where his health declined. Over the next three weeks, he contracted Covid-19 and died at age 93.

Prosecutors were clear that the officers were not on trial for his death. But they were charged with assault occasioning actual bodily harm - Smith for using the spray and baton, Comotto for deploying the Taser.

The trial revealed critical context. Burgess’ aggressive behavior was reportedly out of character, and a medical expert testified he had been delirious due to a urinary tract infection at the time. According to the deputy care home manager, Burgess’ movements with the knife were “extremely quick,” despite his physical limitations, according to the Independent.

The Verdict and Aftermath

In May 2024, a jury at Southwark Crown Court found both officers not guilty. The court accepted their defense that the use of force, while regrettable, was not unlawful given the circumstances. According to the BBC, Comotto testified she used the taser only after Smith’s baton failed to disarm Burgess and said, “It was proportionate because other tactics had failed. If I didn’t act, something worse could happen.”

While the criminal trial ended in acquittal, disciplinary matters remain unresolved. Both officers now face gross misconduct proceedings with Sussex Police. Assistant Chief Constable Paul Court emphasized that, even in challenging situations, “Use of force must be reasonable, necessary, and proportionate, and officers know they will be held accountable for their actions every time,” according to the BBC.

For Burgess’s family, the verdict brought disappointment. They expressed sadness over how he was treated and voiced hope that “lessons will be learned” to prevent similar incidents in the future, according to the BBC.

A Broader Reflection

This case stirred public outcry - not just because of the violence against an elderly, disabled man, but because of the broader implications. What is the appropriate use of force when someone is vulnerable and potentially experiencing a mental health crisis? And how do we balance swift police intervention with compassion?

References: OAP HORROR Moment cops pepper-spray and Taser 92-year-old amputee who died three weeks after ‘assault’ at care home | Police not guilty of assault on 92-year-old amputee | Police officers who tasered and pepper-sprayed 92-year-old amputee cleared of assault