Police Officers Sacked After Taser and Baton Used on 92-Year-Old Amputee

Two police officers have been dismissed for gross misconduct after using a baton, pepper spray and a Taser on a 92-year-old amputee in a care home.

PC Stephen Smith and PC Rachel Comotto were called to Park Beck care home in St Leonards-on-Sea in June 2022 after resident Donald Burgess, who had dementia, threatened care workers with a dinner knife.

Burgess was sitting in his wheelchair in his bedroom when the officers used force against him.

A disciplinary panel has now found that the force used was "unjustified and excessive", dismissing both officers without notice.

Officers had been called over dinner knife

The officers were responding to a report that Burgess had threatened carers with a knife.

Burgess was a single-leg amputee and had dementia.

During the incident, PC Smith used pepper spray before Burgess was Tasered. A baton was also used.

Body-worn camera footage showed Smith entering the room and saying: "Do you want to be sprayed or Tasered? It's up to you."

Burgess repeatedly refused to put down the knife.

The disciplinary panel found that Smith did not properly assess or understand the 92-year-old's vulnerabilities before using force.

It also found that PC Comotto showed no compassion towards him and that her use of force was unreasonable.

Panel found officers failed to de-escalate

The misconduct hearing found that neither officer made sufficient attempts to de-escalate the situation before force was used.

The panel concluded that Smith had drawn his pepper spray within nine seconds of entering Burgess's room.

It also found that Smith failed to consider allowing Burgess to remain in his room to calm down.

The use of Pava, a type of incapacitant spray, was described as unreasonable in the circumstances.

The panel criticised Smith's tone and language towards Burgess as dismissive.

Comotto's comments, including warnings such as "last chance", and the limited time given to Burgess to respond were also criticised.

Police said more information should have been gathered

Assistant Chief Constable Peter Gardner said Burgess was in his own room, isolated from other residents and did not pose a risk to other people at the time.

He said officers should have gathered more information from care home staff about Burgess before deciding how to respond.

The panel also raised concerns about Smith's evidence during the disciplinary proceedings, saying he had shown a lack of remorse and insight into the inappropriateness of his actions.

Smith said in evidence that he would not have done anything differently.

Gardner said Comotto had shown remorse and had indicated that she would act differently in similar circumstances.

Burgess died after the incident

Burgess was taken to hospital following the incident.

He subsequently contracted Covid and died 22 days later.

However, the officers were not held responsible for his death.

Their disciplinary proceedings concerned their conduct and use of force during the incident.

Officers previously acquitted in criminal trial

The disciplinary decision follows an earlier criminal case.

Smith and Comotto were both acquitted of assault occasioning actual bodily harm in May 2025.

The later misconduct proceedings considered whether their actions breached professional standards, which is a separate process from determining criminal liability.

The disciplinary panel concluded that both officers had breached the standards of professional behaviour.

Dismissed and placed on barred list

Both officers were dismissed from Sussex Police without notice.

They have also been placed on the College of Policing's barred list, preventing them from returning to policing.

The panel said there was limited mitigation for the conduct.

The case has raised questions about how police respond when vulnerable elderly people experiencing distress or confusion are involved in incidents involving potential weapons.

For policing, the disciplinary decision also underlines the importance of assessing vulnerability, gathering information and attempting de-escalation before force is used where circumstances allow.

The two officers have now lost their positions following the misconduct findings.