Police Officers Accused of Excessive Force Against 92-Year-Old Pensioner

Two police officers are facing a disciplinary hearing for allegedly using excessive force against a 92-year-old pensioner who was in a wheelchair. PC Stephen Smith, 52, and PC Rachel Comotto, 37, are accused of tasering, pepper-spraying, and using a baton on Donald Burgess after he refused to put down a small dinner knife. The incident occurred in June 2022 at Park Beck Care Home in St Leonards-on-Sea, East Sussex.

During the hearing, it was stated that the officers 'acted hastily, harshly and lost control' and failed to treat the 'vulnerable and confused' widower with compassion. According to Aaron Rathmell, a lawyer representing Sussex Police, the officers escalated the situation and were confrontational. PC Smith allegedly warned Mr. Burgess that he would be sprayed or tasered if he did not drop the knife. When Mr. Burgess did not comply, PC Smith pepper-sprayed him directly in the face, followed by hitting his arm with a baton. PC Comotto then discharged her Taser at the pensioner.

Mr. Rathmell argued that at no point did the officers attempt to de-escalate the situation or speak with care home staff to ascertain Mr. Burgess's condition or vulnerability. He stated that Mr. Burgess, who was largely silent and appeared confused, posed no credible threat, and the force used was unnecessary and disproportionate.

Following the incident, Mr. Burgess was incapacitated, handcuffed, and taken to a police station. His condition deteriorated upon arrival, and he was transferred to a hospital, where he died three weeks later after contracting COVID-19. The disciplinary hearing clarified that the officers' actions are not alleged to have contributed to his death.

Further allegations against PC Comotto include posting inappropriate comments on Facebook about the incident. She allegedly replied to a colleague's post about a care home with "We all know what happens in care homes" and added a lightning emoji, which the prosecution suggested was a reference to her use of the Taser.

Mr. Burgess, a retired carpenter, had to have a leg amputated due to diabetes and moved into a care home after his wife's death. His family described his death as a shock and expressed that he had lived a blameless life.

Sussex Police voluntarily referred the incident to the Independent Office for Police Conduct (IOPC). In a separate legal proceeding last year, both officers were acquitted of assault charges following a trial at Southwark Crown Court.