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Police officers who Tasered 92-year-old amputee found guilty of gross misconduct

Panel rules use of force was unjustified and excessive; officers face possible dismissal

By LineZotpaper
Published
Read Time1 min
Two Sussex Police officers who used a Taser, baton and pepper spray on a 92-year-old amputee with dementia at a care home have been found guilty of gross misconduct by a disciplinary panel, which ruled the force was 'unjustified and excessive'.

The misconduct hearing, held at Sussex Police headquarters in Lewes, found that PC Stephen Smith and PC Rachel Comotto breached standards of professional behaviour when they confronted Donald Burgess at Park Beck care home in St Leonards-on-Sea in June 2022. Burgess, who had dementia and was in a wheelchair, had threatened carers with a dinner knife.

Instead of attempting to de-escalate the situation, the officers struck Burgess with a baton, pepper-sprayed him and deployed a Taser. He was taken to hospital, where he contracted Covid and died 22 days later. The panel did not hold the officers responsible for his death.

Both officers had been acquitted of assault occasioning actual bodily harm in May 2025. The disciplinary panel determined that gross misconduct had been proven against both, citing a failure to attempt de-escalation before using force.

The panel has yet to decide whether Smith and Comotto will be dismissed from the force or receive a final written warning.

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Analysis

Why This Matters

  • The case raises serious questions about police use of force against vulnerable elderly people, particularly those with dementia.
  • The outcome could set a precedent for how similar incidents are judged internally by police forces.
  • It highlights the tension between criminal acquittal and internal disciplinary standards, which operate on different burdens of proof.

Background

Police disciplinary panels assess whether officers have breached professional standards, a lower bar than criminal conviction. The incident occurred in a care home setting where staff are trained to handle challenging behaviour from residents with cognitive impairments. The officers' acquittal last year did not preclude the force from pursuing internal proceedings.

Key Perspectives

The disciplinary panel: Found no attempt at de-escalation and ruled force was unjustified and excessive. The officers: Were acquitted of assault in criminal court, though the panel has now found gross misconduct. The family of Donald Burgess: The incident led to his hospitalisation and subsequent death from Covid, though the officers were not held responsible for his death.

What to Watch

  • The panel's final decision on whether the officers will be dismissed or receive a final written warning.
  • Any potential appeal by the officers against the gross misconduct finding.
  • Whether Sussex Police reviews its training on use of force in care homes or with vulnerable persons.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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