Two police officers sacked after tasering 92-year-old amputee

Two police officers involved in the deployment of a Taser and synthetic pepper spray against an elderly, disabled man inside a residential care facility have been dismissed from policing following a gross misconduct hearing.

The disciplinary measures target PCs Stephen Smith and Rachel Comotto, whose actions against 92-year-old Donald Burgess sparked widespread public concern and outrage. According to findings from the Independent Office for Police Conduct (IOPC), the officers exerted inappropriate and excessive force during an incident that unfolded at a care home situated in St Leonards, East Sussex.

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Emergency services had originally been summoned to the residential facility on June 21, 2022, after receiving reports that a resident was armed with a knife and threatening members of staff. Mr Burgess had told staff that he wanted to stab them and would take a great deal of pleasure from doing so. Bodyworn camera footage later examined by investigators showed the responding officers entering a private room where Mr Burgess—a wheelchair user who had an amputated leg—was entirely isolated from other residents.

Within ninety seconds of arriving at the scene, both officers used force on Mr Burgess. PC Smith discharged Pava spray directly into the elderly man's face and struck the arm holding the knife with a baton. PC Comotto subsequently deployed her Taser device.

Following the incident, Mr Burgess was admitted to hospital, where he contracted Covid-19, suffered a cardiac arrest, and died three weeks later. Sussex Police stated that evidence did not indicate the officers’ actions caused or contributed to the death. However, the family's legal representation has subsequently pressed for the formal inquest into his death to be resumed to examine wider questions concerning both the police use of force and the actions of the care home.

PC Comotto was also found to have made an inappropriate comment on Facebook about the incident. A misconduct hearing was told that PC Comotto responded to an online user's message about the care home with wink and laugh emojis, subsequently answering with a remark about what happens in care facilities accompanied by a lightning bolt emoji. On Wednesday, Pc Comotto accepted writing the comment on the day of the incident.

IOPC director of engagement Emily Barry noted, pointing out that Mr Burgess, who was wheelchair-bound and holding a cutlery knife, was isolated from other residents and clearly posed little risk to the officers. This was not a fast-paced incident where the officers or other care home residents were in immediate danger, Ms Barry noted.

Sussex Police Deputy Chief Constable Paul Court stated that he was appalled by the officers’ actions and would like to apologise to Mr Burgess’s family for their conduct during this upsetting incident. Both officers were dismissed without notice and added to the College of Policing’s barred list, banning them from working in policing. The family's ongoing calls focus on examining whether staff at the nursing home missed opportunities to de-escalate the situation before the police were called.