Sussex Police officers sacked after 92-year-old tasered and pepper sprayed in care home

Two officers have been sacked for gross misconduct after using a Taser and pepper spray on a 92-year-old amputee, the police watchdog has said.

PCs Stephen Smith and Rachel Comotto used "excessive force" on Donald Burgess, the Independent Office for Police Conduct (IOPC) said.

The officers arrived at a care home in St Leonards-on-Sea, East Sussex, on 21 June 2022, after a report that a resident had a knife and was threatening staff.

Bodycam footage showed them entering a room where Mr Burgess, who was a wheelchair user with an amputated leg, had been isolated. He was holding a cutlery knife.

PC Smith told him to put down the knife or he would be "sprayed or tasered".

Within 90 seconds of arriving, both officers had used force on him.

PC Smith used PAVA spray, a chemical irritant, on his face and struck the arm holding the knife with a baton. PC Comotto then fired her Taser at Mr Burgess.

He was handcuffed and taken to hospital in an ambulance, where he died on 13 July aged 93. A pathologist said the officers' actions did not cause or contribute to his death.

Both officers were cleared of assault in a trial last year, but were dismissed without notice after a disciplinary hearing concluded today, the IOPC said.

The panel said they had breached standards of professional behaviour relating to use of force, discreditable conduct, and authority, respect and courtesy.

They won't be able to work as police again.

PC Comotto also had an allegation proven regarding an inappropriate comment she put on Facebook shortly after the incident.

The IOPC said a friend of hers had commented about a birthday and "the care home getting closer and closer".

It wasn't directed at PC Comotto, but she replied: "We all know what happens in care homes" followed by a lightning emoji.

The commenter responded: "I think you'll be banned from going to any care homes in future, all he wanted to do was butter his bread" followed by two laughing emojis.

IOPC director of engagement Emily Barry said their thoughts were with Mr Burgess's family.

"This was not a fast-paced incident where the officers or other care home residents were in immediate danger," she said.

"Mr Burgess, who was wheelchair bound and holding a cutlery knife, was isolated from other residents and clearly posed little risk to the officers."

Ms Barry said any force should have been a last resort and the officers hadn't tried to de-escalate the situation.

She said their actions "were clearly excessive and unreasonable and PC Comotto then displayed further poor judgement by joking about Tasering Mr Burgess on social media afterwards".

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The deputy chief constable of Sussex Police said he was "appalled" by the officers' actions.

"The force used against Mr Burgess by these officers was excessive, unnecessary and in no way reflects the conduct of those who serve in Sussex Police, particularly when responding to incidents involving vulnerable people and those in crisis," said Paul Court.

He said his thoughts were with Mr Burgess's family and that it was right the PCs had been dismissed without notice.

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