The family of Donald Burgess is seeking answers over the circumstances surrounding his death after an inquest heard that the use of force by two police officers may have contributed to the deterioration of the vulnerable 92-year-old.
Burgess, a one-legged wheelchair user with dementia and several serious health conditions, was subjected to pepper spray, a police baton and a Taser after officers were called to his care home in St Leonards-on-Sea, East Sussex, on June 21, 2022.
He was taken to hospital following the confrontation and died 22 days later after contracting Covid-19.
The two officers involved, PC Stephen Smith and PC Rachel Comotto, were cleared of assault charges at Southwark Crown Court in May 2025. However, Burgess’s family has continued to seek an investigation into whether the force used during the incident played any role in his death.
Family asks for inquest to be reopened
At a pre-inquest hearing in Lewes, barrister Jesse Nicholls, representing Burgess’s family, argued that there was a clear need to examine whether the police response contributed to his death.
He said the case involved an elderly and particularly vulnerable man who had been subjected to significant force before dying less than three weeks later.
Nicholls argued that the officers’ actions could have caused physiological stress that may have had a causal effect on Burgess’s death.
The family’s legal team also questioned why officers had moved so quickly to using force rather than first taking more time to assess the situation.
According to the hearing, the escalation began within just over a minute of the officers entering Burgess’s room. The confrontation ultimately involved pepper spray, a baton strike and a Taser.
Burgess could be heard telling officers: “I’m dying.”
He was then handcuffed and removed from the care home.
How the confrontation unfolded
Police were called to Park Beck Residential Care Home after Burgess had reportedly refused to put down a small serrated cutlery knife.
Earlier, he had reportedly used the knife to poke a care worker. The incident was described in court as unusual behaviour for Burgess, who had been living at the home since 2018.
The subsequent criminal trial heard that staff had tried to deal with the situation before contacting police and that Burgess had been behaving aggressively.
A court later heard that he was suffering from delirium caused by a urinary tract infection at the time.
When PC Stephen Smith entered the room, Burgess was sitting in his wheelchair while still holding the knife.
Body-worn camera footage showed Smith striking Burgess with his baton before spraying almost an entire can of synthetic PAVA pepper spray into his face.
PC Rachel Comotto then deployed her Taser, with the weapon striking Burgess in the chest.
The entire confrontation lasted less than 90 seconds. Other reports of the court proceedings put the period between the officers entering the room and the use of force at around 83 seconds.
Burgess had significant health problems
Burgess was a wheelchair user and had only one leg. He also had dementia and a history of serious medical problems, including diabetes and carotid artery disease.
His family’s legal representatives argued that his physical vulnerability should have been apparent to the officers.
During the earlier criminal trial, Smith said he had not realised Burgess was disabled because his attention was focused on the knife he was holding.
Comotto, meanwhile, rejected the suggestion that she had been “trigger-happy” and told the court she believed deploying the Taser was necessary to protect Burgess and resolve the situation safely.
The officers maintained that their actions were justified by the perceived threat posed by the knife.
Burgess was taken to hospital
Following the confrontation, Burgess was taken to Conquest Hospital, where he was treated for a urinary infection.
He was not permitted to return to Park Beck after being discharged on June 28 and remained in hospital.
On July 9, he tested positive for Covid-19.
He died 22 days after the police were called to the care home.
A post-mortem examination recorded heart disease with bronchopneumonia as the cause of death. Earlier court proceedings also heard evidence that Burgess had contracted Covid while in hospital.
The question of whether the police use of force contributed to his death is separate from the criminal assault case. During that trial, a pathologist concluded that the officers’ actions did not cause or contribute to his death, and prosecutors made clear that the officers were not being held responsible for Burgess’s death.
Officers were cleared of assault
Smith and Comotto were both prosecuted over the use of force.
Smith faced two counts of assault occasioning actual bodily harm relating to the use of PAVA spray and his baton. Comotto faced one count concerning her use of the Taser.
After a seven-day trial at Southwark Crown Court, a jury returned unanimous not-guilty verdicts in May 2025.
The verdict did not end scrutiny of the incident.
Following the acquittals, Burgess’s family said they were disappointed and saddened after what they described as an incredibly distressing three years.
The officers also remained subject to police disciplinary proceedings.
Inquest decision still to come
At the latest pre-inquest hearing, the family argued that the circumstances surrounding Burgess’s death warranted further examination, particularly given the short period between the police confrontation, his hospitalisation and his death.
Representatives for Sussex Police and the officers disputed the suggestion that the use of force caused Burgess to die any sooner.
Tom Day, representing Sussex Police, argued that there was no evidence that the officers’ actions had brought about Burgess’s death earlier than it would otherwise have occurred.
Assistant Coroner Michael Spencer is expected to decide whether the inquest into Burgess’s death should be reopened.
Meanwhile, Smith and Comotto are due to face a police disciplinary tribunal, keeping the controversy surrounding the 2022 incident alive even after their criminal acquittal.