IN THE CLEAR
Cops who Tasered & pepper-sprayed amputee, 92, three weeks before his death are CLEARED of assault
Watch bodycam footage of shocking moment
TWO cops who pepper-sprayed and Tasered a 92-year-old amputee just weeks before his death have been cleared of assault.
Bodycam footage showed Donald Burgess screaming out during the horror at Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex.
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PC Rachel Comotto and PC Stephen Smith were called to the residence after Donald poked a worker in the stomach with a butter knife.
Smith claimed he did not know the one-legged pensioner was disabled - despite him sitting in a wheelchair - while Comotto denied she was "trigger-happy".
The pair have now been cleared of assault occasioning actual bodily harm following less than two hours of jury deliberation.
But they will still face gross misconduct proceedings for potential breaches of professional behaviour relating to use of force, as well as authority, respect and courtesy, the police watchdog said.
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Donald's family said they were "disappointed and saddened" by the verdict after an "incredibly distressing" three years.
They added: "The verdict adds to our sense of injustice regarding the callous manner in which Donald, a ninety-two 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 would be learned and that the violent actions of these officers would not be repeated against any other vulnerable civilians.
"We will continue to work towards our aim. We hope that the coroner will resume the inquest into Donald's death."
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Southwark Crown Court heard one minute and 23 seconds elapsed between the cops arriving and Donald being Tasered.
Bodycam showed him clutching a specially adapted butter knife while sat in his wheelchair when Smith and Comotto entered his room.
PC Smith can be heard saying: 'Put it down mate. Come on, Donald, don't be silly.
"We can solve it without having to resort to this...Do as you're told."
He then "emptied all or almost all of his canister" of pepper spray in Donald's face, the court was told.
The footage also showed Smith making his way towards the pensioner with his baton extended before striking him.
Comotto then deploys her 50,000-volt Taser as Donald screams out in pain before the officers took the knife from him.
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After shooting him, PC Comotto asked Donald how he was feeling, leading him to reply: "I'm dying, I'm dying."
The officers were later seen joking about the shocking incident, jurors heard.
In separate bodycam, Comotto is seen laughing and asking Smith: "Oh my God, is there any left in your can?"
Smith replies: "Probably not."
The court heard Donald suffered from multiple health conditions including diabetes and carotid artery disease.
He was taken to hospital following the incident and died 22 days later after contracting Covid.
The court was told the pair were "not responsible for his death".
Police had been called to the care home on June 21, 2022, after Donald was seen poking a care worker in the stomach with a knife and flicking food at her.
He threatened staff with the blade and told them he would take pleasure in murdering them.
Managers wheeled him back to his room and tried for 30 minutes to calm him down before calling 999.
The officers were dispatched under a grade one call, meaning it was treated as the highest level of emergency.
Jurors were told the care home specialised in support for people with dementia but Donald had not been diagnosed with the disease.
The court previously heard his behaviour was "out of character" and he may have been "delirious" because of a urinary tract infection.
Prosecutor Paul Jarvis KC said it "ought to have been obvious by the fact he had one leg that this was a man who wasn't going to be mobile".
He added: "This was an elderly, vulnerable man who may not have understood what was going on.
"Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance on the part of the defendants."
But in their defence, the officers claimed Donald was clutching the knife with a "tight grip".
Smith also said he only realised the pensioner was in a wheelchair after he was wheeled out following the incident.
He denied two counts of assault by using Pava spray and a baton, while Comotto denied one charge of assault by discharging her Taser.
Assistant Chief Constable Paul Court said: “Firstly, I’d like to acknowledge how incredibly difficult this period must have been for Mr Burgess’s family, and I have offered them my sincere condolences.
“I recognise and understand the impact this case has had on public confidence. It is with profound regret this happened.
“Police officers can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and do so with measure, compassion, and skill. We support them to do this and it’s what our communities expect.
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“Use of force must be reasonable, necessary, and proportionate, and officers know they will be held accountable for their actions every time.
“The officers in this case have been held accountable to a criminal threshold and we respect the jury’s decision."
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