A manslaughter investigation has been launched after a 93-year-old disabled man was pepper sprayed, hit with a baton then Tasered by police at a care home.
Donald Burgess, who was in a wheelchair and had one leg, died three weeks after the attack. He was brandishing a knife and threatening staff when cops disarmed then handcuffed him.
He was taken to hospital after the incident at a home in St Leonards-on-Sea, East Sussex, for medical treatment and stayed in hospital, but died three weeks later on July 13. When the police arrived, they were shown by care home staff into a room where the man, who also was living with dementia, was holding a knife.
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One officer used incapacitating PAVA spray, followed by a baton on the elderly man. The second officer then deployed a Taser before the knife was removed from Mr Burgess and he was handcuffed.
Sussex Police referred itself to watchdog, the Independent Office for Police Conduct (IOPC), on June 28, over allegations of excessive use of force by the two officers who attended the scene. Gross misconduct notices have now been served on the two police constables involved, along with letters telling them they are under criminal investigation for manslaughter. But the IOPC added "these actions do not necessarily mean disciplinary proceedings or criminal charges will follow".
A post mortem has been carried out and experts are awaiting the findings of further cardio-pathology examinations, as the cause of death is not yet known, police said. Graham Beesley, IOPC regional director, said today: “I want to express my sympathies to the man’s relatives and those who knew him. We have advised his next-of-kin of our independent investigation and explained the steps we will be taking. This will include investigating whether the force used by the two officers against this male, was reasonable, necessary and proportionate in the circumstances and in line with local and national policies, procedures and guidance.”
The investigation so far included taking witness statements and reviewing the officers’ body worn video footage. A spokesman for Sussex Police said its investigation is still ongoing.
Assistant Chief Constable Tanya Jones, of Sussex Police, said: “We want to express our sympathies to the family and friends of Mr Burgess. Our thoughts remain with them at this difficult time. We are providing every assistance to the IOPC to allow for a thorough investigation and for the family to receive the answers they need.”
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