PCs 'lost control' with amputee, 92, in care home

Two police officers lost control when they Tasered and Pava-sprayed a 92-year-old amputee who "posed no real or credible threat to anyone", a Sussex Police disciplinary hearing has heard.

Gross misconduct proceedings began on Monday for PC Stephen Smith, 52, and PC Rachel Comotto, 37, following an incident in June 2022 at the Park Beck care home in St Leonards-on-Sea.

In May 2025, the officers were found not guilty of assault occasioning actual bodily harm. The trial heard Smith used incapacitating Pava spray and a baton on Donald Burgess, while Comotto deployed her Taser.

Opening the misconduct hearing, force lawyer Aaron Rathmell said the "officers acted, hastily, harshly and lost control".

Following the court case, the Independent Office for Police Conduct (IOPC) said both officers should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour, with Comotto facing a further misconduct allegation relating to comments she made on social media after the incident.

At the hearing at Sussex Police's HQ in Lewes, both officers have denied the allegations, which, if proven, could lead to a final written warning or dismissal without notice, the force said.

Rathmell told the hearing that on 21 June 2022, Smith and Comotto were on patrol when they were asked to attend an incident at a care home.

They were told a resident, who had dementia, was in possession of a knife and was threatening members of staff.

The home's manager, Steve Cooper, told the hearing that staff had tried to de-escalate the situation before the police were called, but added that Burgess's behaviour "was more extreme than we have ever had to deal with before".

The hearing was also shown body cam footage from both PCs of the incident.

Warning: The following video contains distressing scenes

The officers went to Burgess's room, where they found a dinner knife with a serrated edge.

Rathmell told Smith he had "failed to treat him as the vulnerable person he was" and displayed an "antagonistic and dismissive" manner.

He said: "Within nine seconds of entering the room, you had drawn your Pava spray.

"You failed to de-escalate the situation or take steps to de-escalate the situation such as talking to him more calmly, asking him what was wrong, or leaving the room Instead you issued threats.

"You used the spray after being in the room for just over a minute."

With respect to the baton, Rathmell said Burgess had not done anything to "justify the use" or "escalate the threat".

With respect to Comotto, the lawyer said she had drawn her Taser within 17 seconds of entering the room, deploying it within 90 seconds.

"The discharge of the Taser was not necessary, proportionate or reasonable in all the circumstances.

"He was 92, an amputee in an wheelchair and he posed no credible threat to you or another or to himself."

The decision by Comotto to put Burgess in handcuffs was also unjustified, Rathmell said, adding the force "expects officers to use force carefully and as a last resort".

The 92-year-old had complained that his hands and wrists were hurting.

Comotto faces a separate allegation relating to comments posted following the incident.

According to Rathmell, she had added a comment to a birthday Facebook post which said the care home was "getting closer and closer", adding "we all know what happens in care homes", along with a lightning bolt emoji.

This was in reference to the Taser used on Burgess, he told the hearing.

"You made light of the situation and the use of the Taser on an elderly and vulnerable resident in a care home. This was inappropriate and/or unprofessional."

After the pair were acquitted in May 2025, Sussex Police said they would still face misconduct proceedings.

Following the trial, then assistant chief constable Paul Court said: "Use of force must be reasonable, necessary, and proportionate, and officers know they will be held accountable for their actions every time."

Assistant Chief Constable Peter Gardner told the hearing on Monday that the aim of this hearing was to "maintain public confidence in the police and the reputation of the police service".

Burgess was taken to hospital following the incident where he contracted Covid and died 22 days later, but the officers were not being held responsible for his death.

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