Two police officers who deployed a Taser and synthetic pepper spray on a 92-year-old amputee have been dismissed for gross misconduct. Pcs Stephen Smith and Rachel Comotto exerted "excessive force" on Donald Burgess, according to the Independent Office for Police Conduct (IOPC).
Incident at care home
The officers were called to a care home in St Leonards, East Sussex, on June 21, 2022, following a report that a resident was armed with a knife and threatening to stab staff. Police bodycam footage revealed that officers entered a room where Mr Burgess, a wheelchair user with a leg amputation, had been secluded. He was found holding a cutlery knife.
Within 90 seconds of their arrival, both officers used force on Mr Burgess, the IOPC reported. Pc Smith sprayed Pava in his face and hit the arm holding the knife with a baton. Pc Comotto then fired her Taser.
Dismissal and barred list
The pair were acquitted of assault in a trial in May 2025, but were sacked without notice on Tuesday, the IOPC confirmed. They will also be added to the police barred list.
Mr 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.
Hearing findings
During the hearing, force lawyer Aaron Rathmell told the panel Smith and Comotto "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 revealed 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?" Mr Burgess, who was a single leg amputee, did not put down the dinner knife.
The panel found Smith "made no attempt to assess or understand" Mr Burgess's vulnerability, while Comotto "showed no compassion".
