THE family of a disabled 93-year-old man who died after being Tasered by police in his wheelchair say they have still not been told if officers will face charges more than a year after his death.

Donald Burgess was shot by police after they were called to his nursing home in St Leonards.


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Staff said the elderly dementia patient threatened them with a knife.

The officers were taken to his room where Mr Burgess, who had only one leg, was in a wheelchair, holding a knife.

Police shot Mr Burgess, a former carpenter and decorator, with a Taser and used their batons and pepper spray to disarm him,

It happened on June 21 last year and he died in hospital three weeks later on July 13.

A post mortem was carried out on July 21 and a provisional cause of death given as heart disease with bronchopneumonia.

An inquest heard that despite initial post mortem examinations indicating natural causes, his death requires investigation.

Coroner Fiona King said: “While this appears to be a death by natural causes, this death requires inquest because of recent contact with police before death.”

Both officers are still on duty with “appropriate restrictions” Sussex Police said.

Following an investigation by the Independent Office for Police Conduct (IOPC) a file was sent to the Crown Prosecution Service. It is considering criminal charges.

At the opening of Mr Burgess’s inquest in Hastings, Niamh McLoughlin for the family said they have still not seen reports or been informed if charges will be brought.

“The family have not yet had sight of the IOPC report,” she said. “The family understand the CPS are considering criminal charges.”

The IOPC sent its file to the CPS in June following a 12 month investigation.

The two Sussex Police officers could face trial for manslaughter if the CPS decides to prosecute.

An IOPC spokesman said in June: “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.

“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.”

Both PCs have also been told they face gross misconduct charges. No date for the full inquest has been fixed.