Donald Burgess

This is a media release by Bhatt Murphy, reshared by INQUEST

Two Sussex Police officers have today been cleared of criminal charges of assault occasioning actual bodily harm, following a 7-day trial at Southwark Crown Court.

Donald Burgess died in hospital three weeks after an incident on 21 June 2022 involving two police officers’ use of force on him at his care home in St Leonards-On-Sea. He was a wheelchair user and single leg amputee.

On 21 June 2022, PC Stephen Smith and PC Rachel Comotto were called to an incident at Park Beck care home concerning Donald, who appeared to be experiencing agitation. Upon their arrival, Donald had been relocated to his bedroom by care home staff and was sitting in his wheelchair holding a round-pointed adapted cutlery knife. The officers entered Donald’s bedroom without attempting to gather contextual information about the preceding events or about Donald’s condition from the care home staff. They did not take any steps to explain their presence to Donald, nor did they employ de-escalation tactics but instead immediately threatened, and then executed significant force against the elderly man.

The officers’ interaction with Donald lasted only 80 seconds, during which PAVA incapacitant spray, a baton and a taser were used on the 92-year-old.

Donald was handcuffed by officers and thereafter conveyed to hospital, where he died three weeks later, then aged 93, on 13 July 2022.

PC Smith and PC Comotto were both charged with assault occasioning actual bodily harm (ABH) on 14 May 2024. PC Smith faced two counts of ABH, contrary to section 47 of the Offences Against the Person Act 1861, relating to his use of PAVA spray and a baton, and PC Comotto faced one count of ABH for her use of a taser.

The officers stood trial at Southwark Crown Court between 19 May 2025 and 28 May 2025. The jury returned a “not guilty” verdict in respect of all counts of assault on 28 May 2025.

In light of the acquittal of PC Stephen Smith and PC Rachel Comotto, Donald’s family have made the following statement: “It has been an incredibly distressing time for our family over the past three years to get to this point - the verdict of the criminal proceedings.

We are disappointed and saddened by the “not guilty” verdict returned by the jury today. The verdict adds to our sense of injustice regarding the callous manner in which Donald, a 92-year-old amputee in a wheelchair, was treated by PC Smith and PC Comotto in their brief but life-changing interaction.

From the beginning, we have engaged in these legal proceedings in the hope that lessons will be learned and the violent actions of these officers will not be repeated against any other vulnerable civilians. We will continue to work towards that aim. We hope that the Coroner will resume the inquest into Donald’s death, and that disciplinary proceedings will be held to scrutinise the conduct of these officers, in order that the circumstances surrounding this incident can be fully explored and our outstanding questions addressed.”

Niamh McLoughlin, solicitor for Donald Burgess’ family said: “This matter concerns a dehumanising, savage and entirely unnecessary use of force by two police officers against an elderly disabled man who was in no position to defend himself.

The footage of the incident played in court is extremely disturbing and serves as a chilling indication of the tendency towards violence firmly entrenched in policing culture in the UK. Donald was a vulnerable individual in distress, who should have been treated with compassion by the attending officers. Far too often we see police officers defaulting to violence rather than employing safe de-escalation tactics.

That the officers in this case deployed PAVA incapacitant spray, a baton and a taser in short succession within an 80 second window raises serious concerns about their conduct, and about training and attitudes within the police more broadly.

Unfortunately extreme force is routinely inflicted on vulnerable civilians by police officers in this country. It is a regrettable feature of the criminal justice system that those officers are so rarely held to account.

The family will continue to seek accountability via other legal mechanisms for the officers’ cruel mistreatment of Donald.”

Jodie Anderson, Senior Caseworker at INQUEST said: "No family should be left to watch their loved one being subject to such brutal use of force for all the world to see on screen and in the courtroom.

The fact that these officers will face no consequences for using force on a 93-year-old man in a wheelchair is a damning reflection of a system that consistently fails to hold police accountable.

This case is horrifying, but far from isolated. Violence is deeply embedded in the culture of policing and is disproportionately imposed on society’s most marginalised—in this instance, an elderly, disabled man unable to defend himself.

At INQUEST, we work alongside families devastated by the fatal consequences of state violence. But these deaths are only the most visible symptoms of a much broader and more entrenched crisis—where excessive force is routine, and accountability is the exception, not the rule.

This outcome sends a stark message: that police officers can harm with impunity. True justice demands more than isolated verdicts—it calls for a fundamental reimagining of public safety, rooted in care, compassion and away from police default to violence."

Note to editors

The family of Donald Burgess are represented by Niamh McLoughlin, Michael Oswald and Maria Salvatori of Bhatt Murphy Solicitors who can be contacted on 020 7729 1115.

Donald’s family are also supported by INQUEST Senior Caseworker, Jodie Anderson, who can be contacted on 020 7263 1111.