Donald Burgess: File on death of man, 93, passed to prosecutors
Family handoutA file of evidence on the death of a 93-year-old man who was Tasered by police in a care home has been passed to prosecutors.
Donald Burgess, who had dementia, died three weeks after an incident in St Leonards, East Sussex, on 21 June 2022.
Sussex Police referred the case to the Independent Office for Police Conduct (IOPC), which has been investigating allegations of excessive force.
A decision will now be made on whether any officers should be charged.
Two police officers were called to the care home after a report Mr Burgess, who used a wheelchair, was threatening staff with a knife.
Handcuffed
The police constables briefly engaged with Mr Burgess before one used PAVA spray - which is like pepper spray - followed by a baton, the IOPC previously said.
The second officer deployed a Taser before the knife was removed from Mr Burgess and he was handcuffed, it added.
Mr Burgess was taken to hospital and stayed there until he died three weeks later, on 13 July.
In a statement on Monday, 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 has been contacted for a statement.
