Sussex officers sacked for using excessive force on care home resident

Two Sussex Police officers who used excessive force, including a Taser, baton strike and PAVA spray, on a disabled, elderly care home resident, have been dismissed without notice for gross misconduct.

PC Stephen Smith and PC Rachel Comotto will also be placed on police’s barred list following a disciplinary hearing which concluded today, which followed an investigation by the Independent Office for Police Conduct (IOPC).

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

The resident was Donald Burgess, who was 92 years old at the time.

Police body worn footage showed that officers entered a room where Mr Burgess, who was wheelchair-bound with an amputated leg, had been isolated. He was holding a cutlery knife.

PC Smith immediately told Mr Burgess to put the knife down or he would be “sprayed or Tasered”.

Within 90 seconds of arriving, both officers used force on Mr Burgess. PC Smith discharged PAVA spray in his face and struck the arm holding the knife with a baton. PC Comotto then discharged her Taser.

He was handcuffed and taken to hospital by ambulance and, while in hospital, sadly died on 13 July. A pathologist determined the officers’ actions did not cause or contribute to his death. 

A police disciplinary panel has found that both officers breached the police standards of professional behaviour relating to use of force, discreditable conduct, and authority, respect and courtesy.

PC Comotto also had a further allegation against her proven regarding an inappropriate comment on Facebook she posted shortly after the incident.

A friend had made a light-hearted comment about a birthday and “the care home getting closer and closer”. The comment was not directed to PC Comotto but she replied: “We all know what happens in care homes” followed by a lightning emoji.

IOPC Director of Engagement Emily Barry said: “Our thoughts and sympathies remain with the family of Donald Burgess. 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 judgement 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.”

Our investigation began in June 2022 following a voluntary referral from the force, which we concluded six months later. We referred a file of evidence to the Crown Prosecution Service in June 2023 after receiving the full report from the pathologist. In May 2025, the officers were acquitted of charges of assault occasioning actual bodily-harm.