Two police officers are under investigation for the manslaughter of a dementia patient with one leg who passed away in his care facility after being pepper sprayed, tasered, and struck with a baton.
On the afternoon of June 21, police were summoned to a care facility in St Leonards-on-Sea, East Sussex, in response to reports of an elderly man in a wheelchair threatening staff members with a knife.
Two cops came and discovered 93-year-old Donald Burgess, a resident of the care facility who had advanced dementia, wielding a knife.
One of the police pepper sprayed him after briefly confronting him, while the other used his baton on him as the second officer tasered him.
The elderly man was taken off guard before being handcuffed. He was rushed to the hospital for treatment, but he passed away on July 13 three weeks later.
A voluntary referral was made by Sussex Police to the Independent Office for Police Conduct (IOPC), which has opened an investigation.
The two officers, who are both police constables with the Sussex Police, have been informed that they are the subject of a manslaughter investigation and have also been issued gross misconduct notices.
The IOPC stated that obtaining witness accounts and evaluating the officers’ body worn video footage are among the first measures taken in the investigation.
They also visited the post-mortem on July 21 and are awaiting the results of additional cardio-pathology tests because Mr. Burgess’ death has not yet been determined.
IOPC Regional Director Graham Beesley stated, “I wish to extend my condolences to the man’s family and everyone who knew him.
“We have informed his next-of-kin of our independent investigation and the actions we will be taking,” the statement reads.
This will entail determining whether the two officers’ use of force against the male was reasonable, necessary, and proportionate given the situation and in accordance with local, state, and federal laws, procedures, and guidelines.