Two PCs dismissed over force used on 92-year-old care home resident

PC Stephen Smith, 52, and PC Rachel Comotto, 37, were found to have committed gross misconduct following a hearing which concluded on Tuesday (6 October).

The case concerned an incident at a dementia care home in St Leonards-on-Sea on 21 June 2022, when officers responded to a report that resident Donald Burgess was holding a knife and threatening staff.

Mr Burgess, who was wheelchair-bound and had an amputated leg, was isolated in a room and holding a cutlery knife when the officers entered.

According to the Independent Office for Police Conduct (IOPC), body-worn video showed that within around 90 seconds of arriving, PC Smith discharged PAVA spray into Mr Burgess’ face and struck the arm holding the knife with his baton. PC Comotto then discharged her Taser.

Mr Burgess was handcuffed and taken to hospital following the incident. He died three weeks later, but a pathologist concluded that the officers’ actions did not cause or contribute to his death.

The IOPC said the incident was not a fast-paced situation in which officers or other residents were in immediate danger.

It said Mr Burgess was isolated from other residents and that officers should have considered de-escalating the situation rather than immediately threatening to use force.

The misconduct panel found that both officers breached the standards of professional behaviour relating to authority, respect and courtesy, use of force and discreditable conduct.

PC Comotto also faced a separate allegation relating to a comment she posted on Facebook following the incident. The IOPC said a friend had made a light-hearted comment about a birthday and “the care home getting closer and closer”. PC Comotto responded: “We all know what happens in care homes”, followed by a lightning emoji. The allegation was found proven.

The officers were dismissed without notice and will be added to the College of Policing’s barred list, preventing them from working in policing in future.

Sussex Police Deputy Chief Constable Paul Court said the force used against Mr Burgess was “excessive, unnecessary” and did not reflect the conduct expected of its officers.

“Police officers can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and to do so with measure, compassion and skill. This was not one of those cases.”

DCC Court added that officers were expected to show empathy and restraint, saying the absence of those qualities made the two officers “unsuitable to serve the communities of Sussex”.

The case was investigated by the IOPC after a voluntary referral from Sussex Police.

The officers were subsequently prosecuted for assault occasioning actual bodily harm. PC Smith faced two charges relating to the use of PAVA and his baton, while PC Comotto faced one relating to the Taser. Both officers were acquitted by a jury at Southwark Crown Court in May 2025.

The criminal acquittal did not prevent the subsequent misconduct proceedings, which apply a different legal and evidential test.

IOPC Director of Engagement Emily Barry said the officers’ actions had “damaged the public’s trust and confidence in policing. Any use of force should have been a last resort and only used when necessary,” she said.

“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.”