Screenshot of Senior Getting Tasered

A shocking incident involving the tasering and pepper-spraying of a 92-year-old amputee in a wheelchair has sparked national outrage — and though the officers responsible were cleared of assault charges this week, they are still facing gross misconduct proceedings.

The case stems from a 2022 confrontation in which two police officers used force on Donald Burgess, a disabled pensioner holding a butter knife in his care home. The actions were captured on bodycam footage, igniting questions about police treatment of the elderly and vulnerable.

Jury Clears Officers of Assault

On Wednesday, 28 May 2025, a jury at Southwark Crown Court found both officers not guilty of assault occasioning actual bodily harm.

PC Stephen Smith, 51, was charged over the use of Pava spray and a baton, while PC Rachel Comotto, 36, faced allegations for deploying a 50,000-volt taser. The not guilty verdict means both officers have been cleared of criminal wrongdoing.

However, the Independent Office for Police Conduct (IOPC) has confirmed that both officers will face gross misconduct proceedings. These charges relate to possible breaches of professional conduct — including excessive use of force, lack of respect, and inappropriate behaviour on social media.

Shocking Use of Force on a Vulnerable Man

The violent incident unfolded in just 1 minute and 23 seconds, as shown in bodycam footage. Burgess, sitting in his wheelchair and holding a butter knife, was initially asked by PC Smith to put the knife down.

Moments later, Smith discharged an entire canister of Pava spray directly into the elderly man's face before striking him with a baton. As Burgess screamed in pain, PC Comotto deployed her taser.

After the knife was taken away, Comotto asked how the pensioner was feeling. His haunting reply: 'I'm dying, I'm dying.'

In a separate bodycam clip, the officers were heard joking about the incident. Comotto laughed as she asked if the pepper spray can was empty. Smith replied, 'Probably not,' prompting further backlash over their conduct.

Family Outraged at Court Decision

Burgess, who already suffered from diabetes and carotid artery disease, died shortly after the incident due to complications from COVID-19. Although the court noted his pre-existing health issues, the family believes the officers' actions contributed to his decline.

In a statement, the Burgess family expressed their dismay at the verdict:
'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.'

The family vowed to continue seeking justice for Donald, even as the legal system appears to close the door on criminal charges.

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