A police officer who Tasered a 92-year-old man in a care home weeks before the man died has said he “wouldn’t have done anything differently”. Pc Stephen Smith made the remark during a misconduct hearing into the 2022 incident at the Park Beck care home in St. Leonards-on-Sea, East Sussex.
Vulnerable widower Donald Burgess was Tasered and pepper-sprayed during a confrontation with Pc Rachel Comotto and Pc Smith. Bodycam footage shows Burgess screaming in pain after the officers used the Taser when he refused to put down a small dinner knife.
Officer's Response at Hearing
After Pc Smith was asked by his own lawyer if he would have done anything differently, he replied: “No, I don’t think I would.” The officers were cleared of assault following a trial in 2025. For the ongoing tribunal, it is alleged the pair used inappropriate force against a member of the public.
In 2022, Pc Smith and Pc Comotto found one-legged Mr Burgess in his wheelchair holding a dinner knife in his own room, after care home staff alerted the authorities. The disciplinary panel was told the officers should have acted in a “compassionate” and considerate manner towards the elderly man, but instead “escalated the situation”, becoming confrontational and antagonistic.
Details of the Confrontation
Bodycam footage caught the man holding the small knife as the two cops entered his room and Pc Smith saying: "Put it down mate. Come on, Donald, don't be silly. We can solve it without having to resort to this... Do as you're told." Pc Smith also struck the pensioner with his baton before Pc Comotto deployed a 50,000-volt Taser at the elderly man, before they took the knife away.
Smith, giving evidence to the hearing on Tuesday, claimed he did not know the 92-year-old was in a wheelchair before he used force against the man. Asked by his lawyer, Denis Barry, why he did not take a more "softly softly" approach, Pc Smith replied: "I thought that would be the best option. I walk in, give that command. I was expecting the knife to be dropped."
Allegations and Aftermath
If the allegations are proven at the disciplinary hearing, both officers could be sacked from the force. Aaron Rathmell, lawyer for Sussex Police, told the tribunal: "They acted hastily, harshly and lost control. It's a case of a serious breach of force against an elderly man in his care home."
Mr Rathmell added: "At no point before the use of the baton or spray did you speak with staff and get a diagnosis or ask whether he was vulnerable. You failed to treat him as the vulnerable person he was. He was largely silent. His demeanour seemed confused. You failed to treat him with tolerance and courtesy. You manner was dismissive. You failed to de-escalate the situation or take steps to de-escalate the situation."
Mr Rathmell said later the same day PC Comotto interacted with a colleague on social media after they posted a message on Facebook saying: "Happy birthday, the care home is getting closer and closer." PC Comotto replied: "We all know what happens in care homes" and then added a lightning emoji. The lawyer said this was in reference to the taser she had used on Mr Burgess and that she had "made light of the actions", calling her response "inappropriate and unprofessional".
Mr Burgess, after being treated in hospital, contracted Covid and died 22 days later after suffering a cardiac arrest. The disciplinary hearing was told that it was not alleged that the actions of the officer contributed to his death. After the incident Sussex Police voluntarily referred itself to the Independent Office for Police Conduct (IOPC). The tribunal continues.
