Police who pepper sprayed and tasered now deceased amputee, 92, sacked for ‘excessive force’
Two police officers who used a Taser, baton and synthetic pepper spray on a 92-year-old amputee have been sacked.
PCs Stephen Smith and Rachel Comotto responded to a call at a care home in St Leonards, East Sussex, on June 21 2022, following a report of resident Donald Burgess holding a knife and threatening to stab staff.
Police bodycam footage showed the two officers entering a room where Donald, who was in a wheelchair due to having an amputated leg, had been isolated.
The 92-year-old was holding a cutlery knife as the PCs approached him.
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The Independent Office for Police Conduct (IOPC) said that within a minute-and-a-half of them entering the room, both officers used force on Donald.
PC Smith was seen using Pava spray in the elderly man’s face and struck the arm holding the knife with a baton.
PC Comotto then used a Taser on Donald.
In a ruling on Tuesday (6 October), the IOPC said both officers used ‘excessive force’ on Donald.
Following the incident, PC Comotto was also found to have shared an inappropriate comment about it on Facebook.
The misconduct hearing was told PC Comotto received a Facebook comment that read: “Happy birthday, the care home is getting closer and closer” with wink and laugh emojis.
To which she replied: “We all know what happens in care homes,” adding with a lightning bolt emoji.
On PC Comotto accepted writing the comment on the day of the incident.
After the two officers used inappropriate force against him, Donald was taken to hospital and later contracted Covid-19.
He died 22 days later, aged 93.
Sussex Police said the evidence did not indicate the officers’ actions caused or contributed to the death.
PC Smith and PC Comotto were cleared of assault after a Southwark Crown Court trial in May 2025, but were dismissed without notice on Tuesday, the IOPC said.
They will also be put on the College of Policing’s barred list, banning them from working in policing.
IOPC director of engagement Emily Barry said: “We know that footage of this incident showing the force used by the officers on Mr Burgess has caused widespread concern and anger.
“This was not a fast-paced incident where the officers or other care home residents were in immediate danger.
“Mr Burgess, who was wheelchair-bound and holding a cutlery knife, was isolated from other residents and clearly posed little risk to the officers.
“Any use of force should have been a last resort and only used when necessary.
“Rather than de-escalating the situation they immediately threatened Mr Burgess with force and then discharged Pava spray, struck him with a baton and tasered him when he didn’t drop the knife.
“Their actions were clearly excessive and unreasonable, and PC Comotto then displayed further poor judgment by joking about tasering Mr Burgess on social media afterwards.
“Their actions have damaged the public’s trust and confidence in policing and they have been held accountable and dismissed from policing.”
Donald’s family said they welcomed the decision, but their solicitor has asked for the inquest into his death to be resumed, saying there are unanswered questions about the force used by the officers and the actions of the care home.
“We remain concerned that opportunities to de-escalate the situation were missed, including the fact that family members who lived nearby were not contacted by the staff at Park Beck nursing home before the police were called,” the family said.
“Donald was a much-loved family man. We want him to be remembered for the life he lived, not simply for the events that brought us to this point.”
Claire Reid