Two Sussex Police officers have been dismissed without notice after a disciplinary panel found they used excessive force on a 92-year-old disabled man in a care home. PCs Stephen Smith and Rachel Comotto deployed a Taser, PAVA pepper spray and a baton on Donald Burgess, an amputee, at the facility in St Leonards-on-Sea, East Sussex.
The Independent Office for Police Conduct, which investigated the incident, concluded that the officers used excessive force and committed gross misconduct. Both were sacked following a misconduct hearing. The case has drawn attention to the treatment of elderly and vulnerable people in residential care and to the use of less-lethal weapons by police in such settings.
The incident occurred in June 2022. Donald Burgess died 22 days after the encounter. The circumstances of his death and the force used against him have been the subject of a lengthy investigation by the police watchdog, which examined the actions of the officers involved and the decision-making that led to the deployment of multiple weapons against a frail pensioner.
According to the findings, the officers used a Taser, PAVA spray and a baton on Mr Burgess, who was an amputee and required care. The IOPC determined that the level of force was not justified and amounted to gross misconduct, leading to their dismissal from Sussex Police. The case has raised questions about how police respond to incidents involving elderly people with disabilities in care homes and whether alternative approaches could have been used.
The disciplinary outcome follows a period of scrutiny over the incident, which took place at a care home in St Leonards-on-Sea. The officers were dismissed without notice, a sanction reserved for the most serious cases of misconduct. Sussex Police has not commented beyond confirming the outcome of the hearing.
The case has been reported widely, with the police watchdog confirming the findings of excessive force. The death of Mr Burgess 22 days after the incident has added to concerns about the use of force against vulnerable individuals. The IOPC has previously highlighted the need for police to consider the specific vulnerabilities of those they encounter, particularly in care settings where residents may be confused or unable to comply with instructions.
The dismissal of both officers brings to an end a disciplinary process that examined their conduct during the incident. The case is likely to inform future training and guidance on the use of Taser and other less-lethal options, especially when dealing with elderly people or those with limited mobility. The IOPC has not indicated whether any further action will be taken.
For the family of Donald Burgess, the outcome represents a formal acknowledgment that the force used was excessive. The case also underscores the broader debate about policing in care homes and the safeguards in place for residents with disabilities. Sussex Police has yet to issue a detailed statement on the lessons learned from the incident.