Two police officers are facing a disciplinary hearing over their use of force against a 92-year-old man with one leg at a care home in East Sussex. The officers, PC Stephen Smith, 52, and PC Rachel Comotto, 37, appeared before a panel at Sussex Police headquarters in Lewes to respond to allegations of using excessive force amounting to gross misconduct. If found guilty, they risk dismissal.

The case concerns an incident at the Park Beck care home in St Leonards-on-Sea in June 2022, after reports that Donald Burgess, a retired carpenter and widower, was threatening staff with a small dinner knife. Officers confronted Burgess, who initially refused to put the knife down. Smith first deployed Pava spray, also known as pepper spray, towards Burgess’s face, but when this did not succeed, Smith struck him repeatedly on the arm with a baton. A few seconds later, Comotto deployed a Taser, hitting Burgess in the chest.

During the hearing, Aaron Rathmell, representing Sussex Police, argued that the officers “acted hastily, harshly, and lost control” and that their use of force was neither necessary nor proportionate given Burgess's vulnerability. Rathmell stated the officers failed to treat Burgess as the vulnerable person he was, characterising the response as a serious breach of protocol.

Burgess was subsequently handcuffed and taken to a police station before being transferred to a hospital. While in hospital, he contracted Covid-19 and died 22 days later following a cardiac arrest. The hearing was told that the officers’ actions were not alleged to have contributed to his death.

Both officers were acquitted of assault charges at a criminal trial held at Southwark Crown Court in May of the previous year. However, the disciplinary process continues to determine whether their conduct breached police standards.

Additional scrutiny arose after Comotto’s response to a Facebook post related to the care home. The post read, “Happy birthday, the care home is getting closer and closer,” to which Comotto replied, “we all know what happens in care homes,” followed by a lightning bolt emoji. Rathmell described the comment as unprofessional and accused Comotto of making light of the situation.

The hearing remains ongoing as the panel reviews evidence to determine whether the officers’ force was excessive and whether their conduct warrants sanction.