Two police constables have been dismissed from their roles after employing a Taser device and synthetic pepper spray on a 92-year-old man who had undergone amputation.
PC Stephen Smith and PC Rachel Comotto faced gross misconduct proceedings stemming from events at a residential care facility in St Leonards, East Sussex, occurring on June 21, 2022.
The Independent Office for Police Conduct determined that the officers had applied unreasonable force against Donald Burgess, who relied upon a wheelchair and had lost one of his legs.
The officers had attended the location following notification that a resident had menaced care staff with a bladed article.
Burgess informed personnel that he intended to cause them harm with a blade and would derive considerable satisfaction from such action, prompting emergency services to be contacted.
Recording equipment worn by the officers documented their entry into the chamber where Burgess had been separated from others.
Burgess possessed a knife retrieved from the kitchen utensils drawer.
Ninety seconds after entering the room, PC Smith deployed Pava spray toward Burgess’s face and struck the arm gripping the knife using an extendable baton.
PC Comotto discharged her conducted energy device.
Both officers received termination of employment without notice.
Their names will be entered onto the official register preventing future police service.
Following the confrontation, Burgess required hospital admission where he developed coronavirus infection and experienced heart failure, passing away twenty-one days afterwards.
Both officers stood trial at Southwark Crown Court during May 2025 on charges of assault occasioning actual bodily harm, and were found not guilty.
Sussex Police confirmed that available evidence did not establish the officers’ conduct as having caused or contributed to Burgess’s death.
PC Comotto was additionally found to have posted unsuitable remarks on social media regarding the occurrence.
The disciplinary panel heard that PC Comotto responded to another user’s comment in which they wished happy birthday while suggesting the care home was getting closer and closer, using wink and laugh symbols.
PC Comotto’s reply consisted of a statement indicating that people are aware of what occurs in care homes, accompanied by a lightning bolt symbol.
The original commenter subsequently wrote a message suggesting that PC Comotto would likely be prohibited from entering any care homes in the future and that all the victim wanted to do was spread butter on his bread, followed by two laughing symbols.
During proceedings on the following day, PC Comotto acknowledged authoring the remark on the date of the incident.