Officers Used Excessive Force on 92-Year-Old Amputee, Hearing Finds

Two police officers who Tasered a 92-year-old amputee at a care home have been found to have committed gross misconduct, a disciplinary panel ruled. PC Stephen Smith and PC Rachel Comotto responded to Park Beck care home in St Leonards-on-Sea in June 2022 after resident Donald Burgess, who had dementia, threatened carers with a dinner knife.

During the incident, Burgess, who was in his wheelchair, was hit with a baton, pepper sprayed, and Tasered. He was later taken to hospital, where he died 22 days later after contracting Covid-19. The officers were not held responsible for his death.

At a hearing at Sussex Police headquarters in Lewes, the panel concluded that there was an "unjustified and excessive use of force" by both officers. They found that Comotto and Smith did not attempt to de-escalate the situation before employing force and had breached standards of professional behaviour.

Bodyworn camera footage showed Smith entering Burgess's room and asking, "Do you want to be sprayed or Tasered? It's up to you. Can you put that down for us?" Despite repeated requests, Burgess did not drop the knife. The panel found Smith "made no attempt to assess or understand" Burgess's vulnerability, while Comotto "showed no compassion."

In submissions to the panel, force lawyer Aaron Rathmell stated that Smith, 52, and Comotto, 37, "acted, hastily, harshly and lost control." He noted that Smith had drawn pepper spray within nine seconds of entering the room. The panel determined that Smith's use of Pava, a type of pepper spray, was unreasonable given the circumstances, and that he failed to consider leaving the elderly man to calm down. The panel also described Smith's tone and language as "dismissive" and Comotto's as "antagonistic."

Comotto's statements, such as "last chance" and "seriously," along with the limited time afforded to Burgess to respond, were deemed inappropriate. The panel found her use of force to be unreasonable.

Assistant Chief Constable Peter Gardner noted that Burgess was in his own room, isolated from other residents, and posed no immediate risk. He stated that more information should have been ascertained from the care home staff.

The panel has yet to decide whether Smith and Comotto will be dismissed from the force or receive a final written warning.