PCs who used Taser and baton on Donald Burgess at care home sacked

Two police officers who pepper-sprayed and Tasered a 92-year-old amputee at a care home have been sacked for gross misconduct.

PC Stephen Smith and PC Rachel Comotto, who were both acquitted of assault occasioning actual bodily harm in May 2025, had been called to Park Beck care home in St Leonards-on-Sea after resident Donald Burgess threatened carers with a dinner knife.

Burgess, who had dementia, was hit with a baton, pepper sprayed and Tasered as he sat in his wheelchair in his bedroom in June 2022.

At Sussex Police headquarters in Lewes on Tuesday, a disciplinary panel decided there had been "unjustified and excessive use of force" and dismissed both officers without notice.

Burgess was taken to hospital after the incident, where he contracted Covid and died 22 days later, but the officers were not held responsible for his death.

The misconduct panel found Comotto and Smith did not attempt to de-escalate the situation before using force and had breached standards of professional behaviour.

Both were also placed on the College of Policing's barred list.

During a week-long hearing, force lawyer Aaron Rathmell told the panel Smith, 52, and Comotto, 37, "acted, hastily, harshly and lost control".

He said Smith had drawn the pepper spray within nine seconds of entering Burgess's room.

Bodyworn camera footage showed Smith walking into the room and saying: "Do you want to be sprayed or Tasered? It's up to you. Can you put that down for us?"

Despite repeated requests, Burgess, who was a single leg amputee, did not drop the dinner knife.

The panel found Smith "made no attempt to assess or understand" Burgess's vulnerability, while Comotto "showed no compassion".

The following video contains distressing scenes.

Smith failed to consider leaving the 92-year-old in his room to calm down, the panel found, plus the use of Pava, a type of pepper spray, was deemed unreasonable in the circumstances.

There was "limited mitigation" for this behaviour, it said.

The panel also said Smith's tone and language towards Burgess was "dismissive in nature", while Comotto was "antagonistic".

Comotto's statements - such as "last chance" or "seriously" - and giving Burgess limited time to respond, were found to be inappropriate.

The panel found her use of force to be unreasonable.

Assistant Chief Constable Peter Gardner said Burgess was in his own room, isolated from residents and posed no risk.

More information should have been ascertained from care home staff, he said.

Gardner added that Smith had shown a lack of remorse and insight into the inappropriateness of his actions, and the panel remained concerned by his evidence which stated he would not do anything differently.

While noting Comotto's remorse and evidence that she would act differently, Gardner said the reputation of the police service, along with public confidence in it, must be upheld.

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