Two police officers have been dismissed from Sussex Police following a disciplinary hearing that found they used unjustified and excessive force against a 92-year-old amputee resident at a care home. PC Stephen Smith and PC Rachel Comotto were fired without notice on Tuesday at Sussex Police headquarters in Lewes after a misconduct panel determined their actions breached professional standards. The officers had been acquitted of assault occasioning actual bodily harm in May 2025, but the disciplinary process proceeded separately under different legal standards.
The incident occurred in June 2022 when both officers were called to Park Beck care home in St Leonards-on-Sea after resident Donald Burgess, who had dementia, threatened carers with a dinner knife. Burgess, a single leg amputee, was struck with a baton, pepper sprayed and Tasered while seated in his wheelchair in his bedroom. He was subsequently hospitalised, where he contracted Covid and died 22 days after the incident, though the officers were not held responsible for his death.
Both officers were also placed on the College of Policing's barred list, preventing them from working in policing again.
What did the panel find about the officers' conduct?
The misconduct panel found that Smith and Comotto made no genuine attempt to de-escalate the situation before resorting to force. Force lawyer Aaron Rathmell told the hearing that both officers "acted hastily, harshly and lost control" during the encounter. Smith drew his pepper spray within nine seconds of entering Burgess's room, according to evidence presented to the panel.
Bodyworn camera footage revealed Smith entering the room and immediately offering Burgess a choice: "Do you want to be sprayed or Tasered? It's up to you. Can you put that down for us?" Despite repeated requests from the officers, Burgess did not drop the knife.
The panel concluded that Smith "made no attempt to assess or understand" Burgess's vulnerability as a 92-year-old with dementia living in a care home. His tone and language towards the resident was described as "dismissive in nature." Critically, the panel found that Smith failed to consider simply leaving Burgess alone in his room to allow him to calm down, which represented a significant failure in judgment.
Comotto's conduct was similarly criticised. The panel found she "showed no compassion" and was "antagonistic" in her approach. Comotto drew her Taser within 17 seconds of entering the room and deployed it within 90 seconds. Her statements to Burgess, including phrases such as "last chance" or "seriously," were deemed inappropriate, and she gave him limited time to respond to her demands.
The use of Pava, a type of pepper spray, was found to be unreasonable in the circumstances. The panel determined there was "limited mitigation" for the officers' behaviour.
What did senior officers say about the case?
Assistant Chief Constable Peter Gardner emphasised that Burgess was in his own private room, isolated from other residents, and posed no immediate threat to anyone. Gardner stated that the officers should have gathered more information from care home staff before deciding to use force. He noted that additional context about Burgess's condition and the situation could have changed the officers' approach entirely.
Gardner highlighted a significant concern about Smith's attitude following the incident. Smith demonstrated "a lack of remorse and insight into the inappropriateness of his actions," and the panel remained troubled by his evidence indicating he would not act differently if faced with the same circumstances again. This refusal to acknowledge wrongdoing weighed heavily against him.
By contrast, Comotto showed remorse and gave evidence that she would act differently in future situations. However, Gardner stated that "the reputation of the police service, along with public confidence in it, must be upheld," meaning that remorse alone could not prevent her dismissal given the severity of her conduct.
Were there other misconduct allegations?
Comotto also faced a separate misconduct allegation relating to a social media comment she posted on the day of the incident. During the hearing, she apologised to Burgess's family for this additional breach of conduct standards.
What happens next regarding Burgess's death?
Although the officers were not held responsible for Burgess's death, questions remain about whether the use of force contributed to his fatal outcome. At a pre-inquest hearing, the family's legal representatives argued that the force used needed investigation as a possible factor in his death. The coroner adjourned that hearing to allow further consideration.
The coroner is scheduled to hold another hearing on 15 December 2026 to determine whether to open a full inquest into Burgess's death. This hearing will provide an opportunity to examine whether the incident and its aftermath played any role in the chain of events leading to his death from Covid.
Key Facts
- PC Stephen Smith and PC Rachel Comotto were dismissed without notice following a misconduct hearing on Tuesday at Sussex Police headquarters in Lewes
- Both officers were acquitted of assault charges in May 2025 but faced separate disciplinary proceedings under different legal standards
- The panel found the officers made no attempt to de-escalate before using force against a vulnerable 92-year-old resident with dementia
- Both officers have been added to the College of Policing's barred list, preventing future employment in policing
- A coroner's hearing scheduled for 15 December 2026 will determine whether to open a full inquest into Donald Burgess's death
