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PCs who used Taser and baton on amputee, 92, sacked - Published 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 earlier, 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 have been 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' 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. Comotto had previously told the hearing that other officers at Hastings police station "were laughing and joking at my expense for deploying a Taser in a care home". She also faced a separate allegation relating to comments posted following the incident. In birthday Facebook post which said the care home was "getting closer and closer", Comotto replied: "We all know what happens in care homes", followed by a lightning bolt emoji. During the hearing, Rathmell told Comotto: "You made light of the situation and the use of the Taser on an elderly and vulnerable resident in a care home. This was inappropriate and/or unprofessional." 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. After the hearing, Deputy Chief Constable Paul Court said he was "appalled" by the officers' actions and apologised to the Burgess family. He said Smith and Comotto's behaviour "in no way reflects the conduct of those who serve in Sussex Police, particularly when responding to incidents involving vulnerable people and those in crisis". He said police officers "can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and to do so with measure, compassion and skill. "This was not one of those cases." Speaking after the hearing, Burgess' great nephew, Jason Pye, called him "a much loved family man" who should be "remembered for the life he lived and not simply for the events which brought us to this point". He said justice had been served and dismissal from Sussex Police was "the only outcome there could have been" for Smith and Comotto. He added: "I hope this is a warning to all officers who show that sort of behaviour going forward." Follow BBC Sussex on Facebook, external, on X, external, and on Instagram, external and listen to BBC Radio Sussex on Sounds. Send your story ideas to southeasttoday@bbc.co.uk, external or WhatsApp us on 08081 002250. Related topics - Published28 September - Published29 September - Published28 May 2025
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