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Police Disciplinary Hearing Examines Use of Taser and Pava Spray on 92-Year-Old Care-Home Resident

By Drooid · · How we work

Incident Overview

In June 2022, officers PC Stephen Smith and PC Rachel Comotto responded to a 999 call at the Park Beck care home in St Leonards-on-Sea, East Sussex. Resident Donald Burgess, 92, who had dementia, was threatening staff with a dinner knife. Body-worn footage shows Smith first issuing an ultimatum, then using incapacitating Pava spray and a baton, while Comotto later deployed her Taser. Burgess was subsequently handcuffed and taken to a police van.

Background & Context

The Independent Office for Police Conduct (IOPC) later determined that the officers’ actions warranted a gross-misconduct hearing, citing potential breaches of police standards of professional behaviour.

Timeline

  • June 2022 – Officers dispatched to Park Beck after a resident threatened staff with a knife.
  • June 21, 2022 – According to the hearing, Smith and Comotto arrived on patrol and were directed to the incident.
  • May 2025 – A criminal trial found the officers not guilty of assault occasioning actual bodily harm.
  • May 2025 – Gross-misconduct proceedings began at Sussex Police headquarters in Lewes.

Data & Statistics

  • Age of resident: 92 years.
  • Officers involved: two (Smith, 52; Comotto, 37).
  • Legal outcomes: acquitted of assault in May 2025; facing possible written warning or dismissal pending misconduct findings.

Official Statements & Responses

Comotto acknowledged that her post-incident social-media comment “doesn’t look good” and offered an apology to Burgess’s family.

Criticism & Opposition

Force lawyer Aaron Rathmell, representing the police, characterised the officers’ conduct as “hastily, harshly and lost control,” suggesting that alternative de-escalation tactics were not adequately considered.

Verbatim Quotes

  • “After that initial strike with the baton was unsuccessful I stepped back. Then more verbal commands were issued to Mr Burgess to drop the knife.” — Rachel Comotto
  • “All he had to do was listen to my first verbal command,” — Stephen Smith
  • “Because of the risk he poses to himself.” — Mr Barry. Smith

What’s Next

The disciplinary panel will determine whether the officers receive a final written warning or dismissal without notice, based on the outcome of the gross-misconduct hearing.