Two Sussex Police officers have been sacked for gross misconduct after using a Taser, baton and Pava spray on a 92-year-old amputee at a care home. Pcs Stephen Smith and Rachel Comotto used “excessive force” against Donald Burgess, the Independent Office for Police Conduct (IOPC) said.
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 the officers entering a room where Mr Burgess, who was a wheelchair user with an amputated leg, had been isolated. He was holding a cutlery knife.
Force used within 90 seconds
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 two used “inappropriate” force against the disabled man. Pc Comotto was also found to have made an inappropriate comment on Facebook about the incident.
Inappropriate Facebook comment
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. 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 the officers’ actions caused or contributed to the death.
Officers dismissed and barred from policing
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.
IOPC director of engagement Emily 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.”
The family of Mr Burgess welcomed the decision, but their solicitor has asked for the inquest into his death to be resumed, saying there are unanswered questions about the force used by the officers and the actions of the care home. “We remain concerned that opportunities to de-escalate the situation were missed, including the fact that family members who lived nearby were not contacted by the staff at Park Beck nursing home before the police were called,” the family said. “Donald was a much-loved family man. We want him to be remembered for the life he lived, not simply for the events that brought us to this point,” they added.
Oliver Feeley-Sprague of Amnesty International UK, a member of the National Taser Stakeholder Advisory Group, asked why it took four years for the officers to be sacked for an “appalling and inexplicable misuse of force”. He said: “Tasers are ‘less lethal’ weapons, but they can still kill or cause serious harm. That’s why Amnesty has long called for their use to be restricted to highly trained officers under strict safeguards. Here, training, safeguards and basic judgment failed in the most tragic and glaring way.”
