Two police officers who tasered and pepper-sprayed a 92-year-old one-legged dementia patient in his wheelchair ‘acted hastily, harshly and lost control’ a disciplinary hearing has heard.

PC Stephen Smith and PC Rachel Comotto used a baton, taser and pepper spray on the vulnerable widower when he refused to put down a small dinner knife.

The patient later died

Mr Burgess was incapacitated, handcuffed and then driven by the officers to a police station. However, on arrival his condition quickly deteriorated and he was transferred to a hospital where he died three weeks later.

Today (Monday) PC Smith, 52, and PC Comotto, 37, appeared before a disciplinary panel (not a jude and jury) to answer allegations that they used excessive force against the pensioner.

Cowardly Escalation

They are both accused of escalating the situation and failing to treat the vulnerable and confused pensioner with compassion. PC Comotto is also accused of placing inappropriate comments on Facebook about the tragic incident.

The incident happened when police were called to Park Beck Care Home in St Leonard’s-on-Sea, East Sussex in June 2022 after police received reports an elderly man was threatening staff with a knife.

Police Brutality

PC Smith and PC Comotto attended and found one-legged Mr Burgess sitting in his wheelchair holding a dinner knife. He had been isolated in his own room and was being monitored by two care home staff.

After asking staff to leave, the disciplinary panel was told the police officers should have acted in a compassionate and considerate manner towards the vulnerable man. But instead, they massively ‘escalated the situation’ and were confrontational and antagonistic towards him, the hearing was told.

Police Threats

Mr Rathmell said PC Smith addressed Mr Burgess saying: ‘Do you want to put the knife down mate for me or you will be sprayed or tasered. It’s up to you. Do you want to put it down for me?’

When Mr Burgess failed to drop the knife, PC Smith pepper-sprayed him directly in the face. When that failed to dislodge the knife, the officer then repeatedly hit him hard on the arm with his police baton.

Tasered

Seconds later PC Comotto discharged her Taser at the pensioner, hitting him in the chest. Mr Rathmell said that at no point in the three separate uses of force had the two officers tried to de-escalate the situation.

He said: ‘At no point before the use of the baton or spray did you speak with staff and get a diagnosis or ask whether he was vulnerable. You failed to treat him as the vulnerable person he was.

Confused

‘He was largely silent. His demeanor seemed confused. You failed to treat him with tolerance and courtesy. Your manner was dismissive. You failed to de-escalate the situation or take steps to de-escalate the situation.’

If the allegations are proven at the disciplinary hearing, then both officers could be sacked from the force. Aaron Rathmell, lawyer for Sussex Police, said:

‘They acted hastily, harshly and lost control. It’s a case of a serious breach of force against an elderly man in his care home.’

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