On 21 June 2022, PC Smith and PC Comotto attended an incident at Park Beck nursing home following reports that a resident was agitated and had a knife. On arrival, they were faced with Mr Burgess, a 92-year-old single leg amputee in a wheelchair, holding a cutlery knife. Within 90 seconds of their arrival, the officers deployed PAVA spray, a baton strike, and a taser on Donald.
The officers were acquitted of assault occasioning actual bodily harm on 28 May 2025, following trial at Southward Crown Court.
On 6 October 2026, a disciplinary panel concluded that the actions of PC Smith and PC Comotto on 21 June 2022 amount to gross misconduct. The officers have been dismissed without notice.
Read the press release here.
More coverage here on the BBC and Channel 4 News.
Michael Oswald and Mavi Salvatori act for the family of Donald Burgess
