PCs who used Taser and baton on Donald Burgess at care home sacked

During a week-long hearing, police lawyer Aaron Rathmell criticized officers Smith, 52, and Comotto, 37, describing their actions as “hasty, harsh and losing control.” Rathmell highlighted that Smith had drawn pepper spray within nine seconds of entering the room where Burgess was located. Footage from bodyworn cameras captured Smith saying to Burgess, “Do you want to be sprayed or Tasered? It’s up to you. Can you put that down for us?” Despite multiple requests, Burgess, who was a single leg amputee, refused to drop the dinner knife he was holding. The panel concluded that Smith failed to recognize Burgess’s vulnerabilities, while Comotto displayed a lack of compassion in her conduct.

The panel also determined that Smith neglected the option of allowing the 92-year-old resident to remain in his room to calm down, deeming the use of Pava pepper spray unreasonable under the circumstances. It was stated there was “limited mitigation” to justify Smith’s behavior. Furthermore, Smith’s tone was found to be dismissive, and Comotto’s attitude was described as antagonistic. Phrases such as “last chance” and “seriously,” used by Comotto, along with her giving Burgess very little time to comply, were deemed inappropriate. Consequently, her use of force was judged unreasonable. At the hearing, Comotto revealed that some colleagues at Hastings police station mocked her for deploying a Taser in a care home environment. She also faced allegations relating to inappropriate comments posted on social media after the incident, including a reply to a birthday post mentioning the care home accompanied by a lightning bolt emoji. Rathmell rebuked Comotto, stating, “You made light of the situation and the use of the Taser on an elderly and vulnerable resident in a care home. This was inappropriate and/or unprofessional.”

Assistant Chief Constable Peter Gardner noted that Burgess was isolated in his room at the time and did not pose any risk to others. He emphasized that more information could have been gathered from care home staff before taking action. Gardner criticized Smith’s lack of remorse and insight, noting concern over Smith’s statement that he would not change his approach if faced with a similar situation again. While pointing out that Comotto showed remorse and said she would act differently in the future, Gardner stressed that maintaining public confidence and the police service’s reputation was crucial. Following the hearing, Deputy Chief Constable Paul Court expressed his disgust at the officers’ conduct and extended apologies to the Burgess family. He made clear that their behavior did not represent the standards expected of Sussex Police, especially when dealing with vulnerable individuals or those experiencing a crisis. Court acknowledged the challenges police officers face in making quick decisions but stated, “This was not one of those cases.”

Jason Pye, Burgess’ great nephew, described him as “a much loved family man” who should be remembered for his life rather than the incident that led to the hearing. He affirmed that justice had been served and that dismissal from Sussex Police was the only appropriate outcome for Smith and Comotto. Pye also expressed hope that the case would serve as a warning to officers who might demonstrate similar behavior in the future

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