Two police officers who hit a 93-year-old dementia sufferer before tasering and pepper spraying him are facing being charged. Donald Burgess, who was in a wheelchair and had one leg, was brandishing a knife and threatening staff when the officers disarmed and then handcuffed him.
He was taken to hospital after the incident at a care home in St Leonards-on-Sea, East Sussex, for medical treatment, but died three weeks later, on July 13 last year. Gross misconduct notices were served on the two constables involved, along with letters telling them they were under criminal investigation for manslaughter.
Both serving officers - who work for Sussex Police - are still on duty with "appropriate restrictions" in place, the force said. Police watchdog the IOPC has been investigating the death as a potential manslaughter. Now a file of evidence has been passed to prosecutors to decide if the officers should be charged.
A spokesman for the IOPC said: "We concluded our investigation into this incident in December 2022, however we had to await the full report from the pathologist, which was required before we could make a decision on whether the matter should be referred to the Crown Prosecution Service (CPS). After receiving this report in May, we subsequently referred a file of evidence to the CPS who will now consider whether any officers should be charged, and if so, what the appropriate charges are. The parties involved have been advised of this update.”
Sussex Police referred itself to the watchdog two weeks after the incident over allegations of excessive use of force by the two officers who went to the scene. When they arrived at the care home on June 21, 2022, they were shown by care home staff into a room where the man was holding a knife.
One officer used incapacitating PAVA spray, followed by striking the elderly man with a baton, the IOPC said. The second officer was then said to have deployed a taser before the knife was removed from Mr Burgess and he was handcuffed.
A spokeswoman for the force added: "We have supported the independent investigation and continue to offer our full co-operation. We await the outcome of the decision by the Crown Prosecution Service (CPS).
"As this remains a live criminal investigation, we are unable to comment further. The two serving officers remain on duty with appropriate restrictions in place, which remain subject to regular review while we await the decision by the CPS."
It will now be down to the CPS to decide if the officers will face any charges.
