Sussex officers dismissed over use of force against 92-year-old care home resident

Two Sussex Police officers have been dismissed without notice after a misconduct panel found they used excessive force against a disabled 92-year-old man at a care home.

PC Stephen Smith and PC Rachel Comotto attended the St Leonards-on-Sea home in June 2022 following reports that resident Donald Burgess was holding a cutlery knife and threatening staff. Mr Burgess, who had dementia, used a wheelchair and had an amputated leg, had been isolated in his room when the officers arrived.

Within 90 seconds, Smith discharged PAVA spray into Mr Burgess’s face and struck his arm with a baton. Comotto then used a Taser. The panel concluded that the officers had failed to respond appropriately to his vulnerability and that their use of force was unjustified and unreasonable.

Mr Burgess was taken to hospital and died three weeks later. A pathologist determined that the officers’ actions had not caused or contributed to his death. Both officers were acquitted of assault occasioning actual bodily harm following a criminal trial in May 2025, but the separate disciplinary hearing applied different standards when considering their professional conduct.

The panel found both officers guilty of gross misconduct, including breaches relating to their use of force, discreditable conduct and their treatment of Mr Burgess. A further allegation against Comotto was upheld over an inappropriate Facebook comment referring to the incident.

Both officers have been added to the College of Policing’s barred list, preventing them from working in policing again. Sussex Police apologised to Mr Burgess’s family and said the conduct fell far below the restraint, empathy and professionalism expected when officers encounter vulnerable people in crisis.

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