Two Sussex Police officers have been sacked for gross misconduct after using a Taser, baton and synthetic pepper spray on a 92-year-old amputee. Pcs Stephen Smith and Rachel Comotto used “excessive force” on Donald Burgess, the Independent Office for Police Conduct (IOPC) said.
Incident at care home
The officers arrived at a care home in St Leonards, East Sussex, on June 21 2022, after responding to a report that a resident had a knife and was threatening to stab staff. Police bodyworn footage showed that the officers entered a room where Mr Burgess, who was a wheelchair user with an amputated leg, had been isolated. He was holding a cutlery knife.
Within 90 seconds of arriving, both officers used force on Mr Burgess, the IOPC said. Pc Smith discharged Pava spray in the elderly man’s face and struck the arm holding the knife with a baton. Pc Comotto then discharged her Taser. A police misconduct hearing found the pair had used “inappropriate” force against the disabled man.
Facebook comment and outcome
Pc Comotto was also found to have made an inappropriate comment on Facebook about the incident. The misconduct hearing was told Pc Comotto replied to a Facebook comment to someone else which read: “Happy birthday, the care home is getting closer and closer” with wink and laugh emojis. Pc Comotto replied to this: “We all know what happens in care homes”, ending with a lightning bolt emoji. The commenter then responded: “I think you’ll be banned from going to any care homes in future, all he wanted to do was butter his bread” followed by two laughing emojis. On Wednesday, Pc Comotto accepted writing the comment on the day of the incident.
After the two officers used inappropriate force against him, Mr Burgess was taken to hospital and later contracted Covid-19. He died 22 days later, aged 93. Sussex Police said the evidence did not indicate that the officers’ actions caused or contributed to the death. Pc Smith and Pc Comotto were cleared of assault after a Southwark Crown Court trial in May 2025, but were dismissed without notice on Tuesday, the IOPC said. They will also be put on the College of Policing’s barred list, banning them from working in policing.
Reactions from officials
The deputy chief constable of Sussex Police said he was “appalled” by the officers’ actions, while IOPC director of engagement Emily Barry said Mr Burgess “clearly posed little risk to the officers”. “Our thoughts and sympathies remain with the family of Donald Burgess,” Ms Barry said. “We know that footage of this incident showing the force used by the officers on Mr Burgess has caused widespread concern and anger.”
“This was not a fast-paced incident where the officers or other care home residents were in immediate danger. Mr Burgess, who was wheelchair-bound and holding a cutlery knife, was isolated from other residents and clearly posed little risk to the officers. Any use of force should have been a last resort and only used when necessary. Rather than de-escalating the situation they immediately threatened Mr Burgess with force and then discharged Pava spray, struck him with a baton and tasered him when he didn’t drop the knife. Their actions were clearly excessive and unreasonable, and PC Comotto then displayed further poor judgment by joking about tasering Mr Burgess on social media afterwards. Their actions have damaged the public’s trust and confidence in policing and they have been held accountable and dismissed from policing.”
Paul Court, Sussex Police Deputy Chief Constable, said: “Like many, I was appalled by the officers’ actions and I would like to apologise to Mr Burgess’s family for their conduct during this upsetting incident. The force used against Mr Burgess by these officers was excessive, unnecessary and 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. 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. Any use of force must be reasonable, necessary and proportionate, and officers know they will be held accountable for their actions every time. I expect our officers to show empathy to people, to demonstrate restraint in their actions and to show humility and courage when things go wrong. The absence of these qualities make these two officers unsuitable to serve the communities of Sussex and they have rightly been dismissed without notice from our force and will be unable to work in policing again. Our thoughts remain with the family of Mr Burgess.”
