Disciplinary panel finds two Sussex officers used excessive force on 92-year-old resident

A disciplinary hearing held at Sussex Police headquarters found PC Stephen Smith and PC Rachel Comotto guilty of gross misconduct for the excessive force used on Donald Burgess, a 92-year-old amputee with dementia, at Park Beck care home in St Leonards-on-Sea. After Burgess brandished a dinner knife, the officers struck him with a baton, sprayed him with Pava pepper spray, and Tasered him while he remained seated in his wheelchair.

The panel criticized Smith for drawing pepper spray within nine seconds of entering the room and for a dismissive tone, and faulted Comotto for antagonistic language and a lack of compassion. Body-worn footage showed the officers offering Burgess a choice between being sprayed or Tasered, despite his inability to comply. Burgess was taken to hospital, where he contracted Covid and died 22 days later; the panel noted the officers were not responsible for the death.

The decision now awaits a final ruling on whether the officers will be dismissed or receive a written warning. Assistant Chief Constable Peter Gardner emphasized that Burgess posed no risk and that more information should have been gathered from care-home staff before using force.