Two Officers Sacked for Excessive Force Against 92-Year-Old Pensioner

Two police officers have been dismissed for gross misconduct after using excessive and unjustified force against a 92-year-old dementia sufferer in his care home. PC Stephen Smith, 52, and PC Rachel Comotto, 37, were sacked following a disciplinary hearing regarding their treatment of Donald Burgess, a single-leg amputee. Both officers have also been placed on the College of Policing's barred list, prohibiting them from future employment in policing.

The incident occurred in June 2022 at Park Beck care home in St Leonards-on-Sea, East Sussex, after Mr. Burgess threatened staff with a dinner knife. A misconduct panel determined that the officers used excessive force, failed to properly assess the situation, and did not attempt to de-escalate it.

Body-worn camera footage showed Mr. Burgess being pepper-sprayed, struck with a baton, and Tasered within 83 seconds of the officers entering his room. The panel found PC Smith's behavior to be dismissive and lacking compassion, while PC Comotto was described as antagonistic and also showing no compassion. The panel ruled that both officers breached professional standards and escalated a situation where Mr. Burgess posed no threat, as he was isolated in his room.

According to the hearing, PC Smith drew his pepper spray nine seconds after entering the room and made no attempt to assess Mr. Burgess's vulnerability. His use of the spray was deemed unreasonable, as was his failure to consider leaving the pensioner to calm down. During the encounter, PC Smith repeatedly ordered Mr. Burgess to drop the knife, issuing warnings such as "Do you want to be sprayed or Tasered? It's up to you." When Mr. Burgess did not comply, PC Smith sprayed him in the face. Subsequently, PC Smith struck Mr. Burgess with his baton, and PC Comotto deployed her Taser. Mr. Burgess screamed in pain as the 50,000-volt weapon was discharged.

The panel found PC Comotto's conduct unreasonable, criticizing her for giving Mr. Burgess limited time to respond to commands. Statements like "last chance" were deemed inappropriate. A second piece of body-worn footage captured Mr. Burgess struggling to breathe after being pepper-sprayed, stating, "I'm dying." The officers then handcuffed Mr. Burgess and took him outside.

Mr. Burgess was taken to the hospital, where he contracted COVID-19 and died 22 days later. The disciplinary hearing did not find that the officers' actions contributed to his death. Earlier, Smith and Comotto had been cleared of assault occasioning actual bodily harm following a trial in May 2025. Their subsequent gross misconduct hearing stemmed from an Independent Office of Police Conduct investigation.

During the disciplinary hearing, a lawyer for the force stated that the officers had "acted, hastily, harshly and lost control." PC Comotto also faced a separate allegation related to Facebook comments made after the incident, where she responded to a colleague's post with "We all know what happens in care homes" followed by a lightning emoji. She admitted the comment "doesn't look good" and apologized to Mr. Burgess's family, explaining it was a continuation of jokes from colleagues about her using a Taser on a vulnerable patient. The misconduct panel ultimately found gross misconduct proven against both officers, concluding the disciplinary proceedings and barring them from policing.