Two police officers from Sussex have been dismissed for gross misconduct after using a Taser, baton, and pepper spray on a 92-year-old man with dementia who was seated in his wheelchair. The disciplinary panel concluded that the force used against Donald Burgess was unjustified and excessive.
PC Stephen Smith, 52, and PC Rachel Comotto, 37, were called to Park Beck care home in St Leonards-on-Sea in June 2022 after Burgess reportedly threatened carers with a dinner knife. At the time, Burgess was a single-leg amputee suffering from dementia.
Body-worn camera footage revealed that Smith drew his pepper spray just nine seconds after entering the room. Despite Burgess failing to drop the knife despite repeated requests, the officers proceeded to strike him with a baton and deploy the Taser while he remained seated.
The hearing, held at Sussex Police headquarters in Lewes, found that neither officer attempted to de-escalate the situation. The panel determined that Smith made no effort to assess Burgess’s vulnerabilities or consider letting him calm down in his room. Furthermore, the use of Pava pepper spray was deemed unreasonable under the circumstances.
Comotto was criticized for her antagonistic tone and for giving the elderly resident inadequate time to respond, with phrases such as “last chance” and “seriously.” The panel noted she showed a lack of compassion and her use of force was also found to be disproportionate.
Both officers had previously been acquitted of assault occasioning actual bodily harm in May 2025. However, the civil misconduct standards applied here resulted in their immediate dismissal without notice and placement on the College of Policing’s barred list.
Burgess was hospitalized following the incident, where he contracted Covid-19 and died 22 days later. The panel clarified that the officers were not held responsible for his death.
Sussex Police Assistant Chief Constable Peter Gardner stated that Burgess was isolated in his own room and posed no immediate risk to others. He criticized the officers for failing to gather sufficient information from care home staff before intervening.
Gardner highlighted that Smith displayed a lack of remorse and insight, with evidence suggesting he would repeat his actions. In contrast, Comotto expressed remorse and indicated she would behave differently in the future. Nevertheless, Gardner emphasized the necessity of maintaining public confidence in the police service.
Deputy Chief Constable Paul Court expressed that he was “appalled” by the conduct of Smith and Comotto, offering an apology to the Burgess family. He asserted that their actions did not reflect the standards of Sussex Police, particularly when dealing with vulnerable individuals in crisis.
How do you balance enforcement with such vulnerable individuals? This clearly went far beyond reasonable force.
Absolutely appalled. An elderly man with dementia deserves compassion, not a Taser while seated in his wheelchair.