Two police officers who pepper-sprayed, struck with a baton and Tasered a 92-year-old dementia sufferer in his care home have been sacked for gross misconduct.
asserted
who → spray → misconduct
PC Stephen Smith, 52, and PC Rachel Comotto, 37, were dismissed following a disciplinary hearing into their treatment of Donald Burgess, a single-leg amputee who was sitting in his wheelchair when the officers confronted him.
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officers → dismiss → him
Both officers have also been placed on the College of Policing's barred list, preventing them from working in policing again.
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officers → place → policing
The pair had been called to Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022 after Mr Burgess threatened staff with a dinner knife, telling them he wanted to stab them and would 'take a great deal of pleasure' from it.
But a misconduct panel found the officers had used unjustified and excessive force against the vulnerable pensioner and had failed to properly assess the situation or attempt to de-escalate it.
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officers → call → it
Body-worn footage showed Mr Burgess being sprayed in the face with Pava, a synthetic pepper spray, struck with a police baton and Tasered within just 83 seconds of the officers entering his room.
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officers → wear → room
The panel found PC Smith's behaviour was dismissive, intolerant and showed no compassion, while PC Comotto was described as antagonistic and also showed no compassion.
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Comotto → find → compassion
PC Comotto used her Taser against Mr Burgess after he had been sprayed and hit with a baton
Mr
asserted
he → use → baton
Burgess was taken in handcuffs to a police station where his condition declined and he died three weeks later after contracting Covid-19
PC Rachel Comotto, 37, has been dismissed following a disciplinary hearing into her treatment of Donald Burgess, a single-leg amputee
It ruled that both officers had breached professional standards and escalated a situation where there was 'no threat'.
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officers → take → situation
Mr Burgess had been isolated in his own room and was not posing a risk to other residents, Assistant Chief Constable Peter Gardner told the hearing.
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Gardner → isolate → hearing
The panel found PC Smith had drawn his Pava spray just nine seconds after entering the room and had 'made no attempt to assess or understand' Mr Burgess's vulnerability.
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Smith → find → vulnerability
The use of the spray was deemed unreasonable, while the officer was also criticised for failing to consider simply leaving the pensioner in his room to calm down.
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officer → deem → room
Footage shown to the hearing captured PC Smith repeatedly ordering Mr Burgess to drop the knife.
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Smith → show → knife
He told him: 'Do you want to be sprayed or Tasered?
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you → tell → him
Can you put that down for us?'
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you → put → us
Mr Burgess did not comply.
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Burgess → comply → ?
PC Smith then warned him: 'Do you want to put the knife down mate for me or you will be sprayed or tasered.
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you → warn → me
Do you want to put it down for me?
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you → want → me
We can solve this without having to resort to this.'
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We → solve → this
As the pensioner continued to hold the knife, the officer raised his voice and shouted: 'Do as you're told.
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you → continue → voice
Donald put it down.
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Donald → put → it
He then sprayed Mr Burgess directly in the face.
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He → spray → face
When the pensioner still did not drop the knife, PC Smith hit him with his baton before PC Comotto deployed her Taser.
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Comotto → drop → Taser
The footage showed Mr Burgess screaming in pain as the 50,000-volt weapon was discharged into his body.
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weapon → show → body
PC Comotto shouted 'Taser, Taser' before firing.
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Comotto → shout → Taser
Sussex Police officers PC Stephen Smith and PC Rachel Comotto are facing a disciplinary hearing after pepper-spraying and tasering an elderly man with dementia
The panel found her conduct was also unreasonable and criticised her for giving Mr Burgess only limited time to respond to her commands.
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conduct → face → commands
Statements such as 'last chance' and 'seriously' were deemed inappropriate, with the panel describing her manner as antagonistic.
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panel → deem → manner
A second piece of body-worn footage showed the pensioner struggling to breathe after being pepper-sprayed.
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pensioner → wear → footage
PC Comotto asked him: 'Donald.
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Comotto → ask → him
How're you feeling?'
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you → feel → ?
He replied: 'I'm dying.'
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I → reply → ?
The officers then handcuffed Mr Burgess and wheeled him out of the care home to give him fresh air.
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officers → handcuff → air
He was taken to hospital after the incident, where he contracted Covid-19 and died 22 days later.
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he → take → Covid-19
The disciplinary hearing did not find that the officers' actions contributed to his death.
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actions → find → death
Smith and Comotto were previously cleared of assault occasioning actual bodily harm after a trial in May 2025.
uncertain
Smith → clear → May
The criminal case followed an investigation by the Independent Office for Police Conduct into the use of force against Mr Burgess.
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case → follow → Burgess
But the IOPC investigation led to recommendations that the officers face a gross misconduct hearing over potential breaches of standards covering the use of force, as well as authority, respect and courtesy.
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officers → lead → force
During the disciplinary hearing, force lawyer Aaron Rathmell said the officers had 'acted, hastily, harshly and lost control'.
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officers → say → control
PC Comotto also faced a separate allegation over comments she made on Facebook after the incident.
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she → face → incident
The hearing was told she had responded to a colleague's birthday post with the words: 'We all know what happens in care homes' followed by a lightning emoji.
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what → tell → emoji
The colleague replied: 'I think you'll be banned from going to any care homes in future.
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you → reply → future
…and 7 more, not listed.
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