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Two Sussex Police Officers Investigated For Manslaughter After Using Force On 93-Year-Old Who Later Died

The Independent Office of Police Conduct is investigating the use of excessive force by two Sussex Police officers following the death of a 93-year-old care home resident.

Officers were called to the care home in St Leonards on Tuesday, June 21 after reports came in that a resident with dementia was threatening staff with a knife.

When police arrived they were taken to a room where the man, Donald Burgess, who was in a wheelchair and had one leg, was residing, briefly speaking to him, before one officer sprayed him with incapacitant and used a baton.

The second officer deployed a Taser before the knife was removed from the man and he was handcuffed.

The man was taken to hospital following the incident for medical treatment. He remained in hospital where, sadly, he died three weeks later on Wednesday 13 July. 

A post mortem has been carried out and the findings of further cardio-pathology examinations are awaited, as the cause of death is not yet known.

Assistant Chief Constable Tanya Jones 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.”

Gross misconduct notices have now been served by the IOPC on the two officers involved, both police constables, along with letters advising them they are under criminal investigation for manslaughter. These actions do not necessarily mean disciplinary proceedings or criminal charges will follow.

The IOPC said the investigation follows a voluntary conduct referral by the force on 28 June, 'concerning allegations of excessive use of force by the two officers who attended the incident'.

Initial steps carried out in their investigation have included taking witness statements and reviewing the officers’ body worn video footage. 

IOPC Regional Director Graham Beesley said:

“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.”

 

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