Two police officers, PC Stephen Smith and PC Rachel Comotto, have been dismissed from Sussex Police for gross misconduct after deploying pepper spray and a Taser on Donald Burgess, a 92-year-old amputee with dementia, in June 2022. The officers were called to Park Beck care home in St Leonards-on-Sea after Burgess threatened care staff with a dinner knife. Bodyworn camera footage showed Smith entering Burgess’s room within nine seconds and stating, “Do you want to be sprayed or Tasered? It’s up to you,” before deploying Pava spray and striking Burgess with a baton. Comotto then used her Taser.
The IOPC found the officers used excessive force and failed to attempt de-escalation, breaching standards of professional behaviour. The disciplinary panel determined Smith did not assess Burgess’s vulnerability and Comotto showed no compassion. Both officers have been placed on the College of Policing’s barred list. While acquitted of assault charges in May 2025, the panel dismissed them without notice.
Burgess was hospitalized after the incident and died 22 days later after contracting Covid-19, but the officers were not held responsible for his death. A post-mortem examination concluded Burgess died of bronchial pneumonia with cardiac disease. Assistant Chief Constable Peter Gardner stated more information should have been ascertained from care home staff, and Smith demonstrated a lack of remorse. Comotto expressed remorse and stated she would act differently in the future. The IOPC director of engagement, Emily Barry, noted Burgess posed little risk as he was isolated and wheelchair-bound. The incident drew widespread concern and anger, with some outlets highlighting the officers’ rapid escalation of force and dismissive language towards Burgess.
Our reading is that this case highlights a significant discrepancy between legal acquittals and professional misconduct. While the officers were found not guilty of assault in a criminal court, the disciplinary panel clearly determined their actions were unacceptable given the vulnerability of the individual and a failure to follow established police procedures. The differing focuses of the reporting, some outlets emphasizing the graphic details, others the procedural failings, suggests a complex narrative with multiple points of emphasis.
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