Two Sussex Police officers have been sacked after they used a taser, baton and pepper spray on a 92-year-old amputee in a care home.
PC Stephen Smith, 52, and PC Rachel Comotto, 37, also handcuffed Donald Burgess, who was in a wheelchair.
Mr Burgess was taken to hospital after the incident and died three weeks later although Sussex Police said: “The available evidence did not indicate the officers’ actions caused or contributed to his death.”
A jury acquitted the pair of assault causing actual bodily harm (ABH) when they went on trial at Southwark Crown Court last year.
But they were subject to a gross misconduct hearing which started on Monday 28 September and ended today (Tuesday 6 October).
Sussex Police said: “It was alleged that PC Smith used inappropriate force against a member of the public and that PC Comotto used inappropriate force against a member of the public and placed an inappropriate comment about the incident on Facebook.”
The two officers were sent to Park Beck care home, in St Leonards, on Tuesday 21 June 2022, after a report that a resident with a knife was threatening staff.
Mr Burgess, who had had a leg amputated, was isolated in a room where police body-worn video footage showed him sitting in a wheelchair holding a cutlery knife.
Less than 90 seconds after the officers arrived, both had used excessive and inappropriate force on Mr Burgess, according to the Independent Office for Police Conduct (IOPC).
PC Smith used Pava synthetic pepper spray in the pensioner’s face and hit him on the arm holding the knife with a baton. PC Comotto then used her taser on Mr Burgess.
PC Comotto was also found to have posted an inappropriate comment about the incident on Facebook.
She added wink and laugh emojis to a comment to someone else which read: “Happy birthday, the care home is getting closer and closer.”
And in a reply with a lightning bolt emoji, she posted: “We all know what happens in care homes.”
PC Comotto admitted posting the comment after having tasered Mr Burgess.
The elderly man had to be taken to hospital and he later contracted covid-19 before dying 22 days later at the age of 93.
Sussex Police said: “The allegations against the officers were today found proven at a gross misconduct hearing led by a legally qualified chair. The hearing found both officers breached standards of professional behaviour.”
They broke rules about authority, respect and courtesy as well as those covering the use of force and discreditable conduct, amounting to gross misconduct.
Sussex Police added: “Both officers were dismissed without notice and added to the College of Policing’s ‘barred’ list, prohibiting them from working in policing in future.”
Emily Barry, director of engagement at the IOPC, said: “We know that footage of this incident showing the force used by the officers on Mr Burgess has caused widespread concern and anger.
“This was not a fast-paced incident where the officers or other care home residents were in immediate danger.
“Mr Burgess, who was wheelchair-bound and holding a cutlery knife, was isolated from other residents and clearly posed little risk to the officers.
“Any use of force should have been a last resort and only used when necessary.
“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.
“Their actions were clearly excessive and unreasonable – and PC Comotto then displayed further poor judgment by joking about tasering Mr Burgess on social media afterwards.
“Their actions have damaged the public’s trust and confidence in policing and they have been held accountable and dismissed from policing.”
Deputy Chief Constable Paul Court said: “Like many, I was appalled by the officers’ actions and I would like to apologise to Mr Burgess’s family for their conduct during this upsetting incident.
“The force used against Mr Burgess by these officers was excessive, unnecessary and in no way reflects the conduct of those who serve in Sussex Police, particularly when responding to incidents involving vulnerable people and those in crisis.
“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.
“Any use of force must be reasonable, necessary and proportionate and officers know they will be held accountable for their actions every time.
“I expect our officers to show empathy to people, to demonstrate restraint in their actions and to show humility and courage when things go wrong.
“The absence of these qualities makes these two officers unsuitable to serve the communities of Sussex and they have rightly been dismissed without notice from our force and will be unable to work in policing again.
“Our thoughts remain with the family of Mr Burgess.”
The family of Mr Burgess welcomed the decision although their solicitor has asked for the inquest into his death to be resumed, saying that questions remain about the force used by the officers and the actions of the care home.
The family said: “We remain concerned that opportunities to de-escalate the situation were missed, including the fact that family members who lived near by were not contacted by the staff at Park Beck nursing home before the police were called.
“Donald was a much-loved family man. We want him to be remembered for the life he lived, not simply for the events that brought us to this point.”
