Police officers who tasered and pepper-sprayed one-legged dementia patient, 92, 'lost control'

Police officers who tasered and pepper-sprayed one-legged dementia patient, 92, 'lost control' PC Smith, 52, and PC Comotto, 37, are appearing before a disciplinary panel to answer allegations they used 'excessive force' against pensioner Donald Burgess 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. 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 to answer allegations they used "excessive force" against the pensioner. 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. 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." The incident happened when police were called to Park Beck Care Home in St Leonards-on-Sea, East Sussex in June 2022 after police received reports an elderly man was threatening staff with a knife. 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. 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 allegedly 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. Seconds later PC Comotto discharged her Taser at the pensioner, hitting him in the chest. Mr Rathmell said that at no point in the use of 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. "He was largely silent. His demeanour seemed confused. You failed to treat him with tolerance and courtesy. You manner was dismissive. You failed to de-escalate the situation or take steps to de-escalate the situation." Mr Rathmell told PC Smith: "Instead you issued threats and continued to do so. You used PAVA spray when you had been in the room less than one minute. He had not moved towards you and had not posed a threat to you. "You failed to consider leaving Mr Burgess in his room to calm down and remove the threat to anyone else. He posed no credible threat to you or anybody else. The force was not necessary or proportionate in the circumstances." Mr Rathmell said PC Comotto then took the decision to use her Taser on the pensioner despite him posing no threat to either her or her colleague. He said: "You used a taser on him 1.16pm. This was in quick succession to your colleague using the baton and spray on him. He said there was "no justification" for then putting the disabled pensioner in handcuffs. Mr Rathmell said later the same day PC Comotto interacted with a colleague social media after they posted a message on Facebook saying: "Happy birthday, the care home is getting closer and closer." PC Comotto replied: "We all know what happens in care homes" and then added a lightening emoji. Mr Rathmell said this was in reference to the taser she had used on Mr Burgess at the care home. He said PC Comotto had "made light of the actions" and her response was "inappropriate and unprofessional". After being transferred to hospital Mr Burgess contracted Covid. He died 22 days later after suffering a cardiac arrest. The disciplinary hearing was told that it was not alleged in this hearing that the actions of officer contributed to his death. After his death Mr Burgess' family were "shocked and horrified" by his death and said he had lived a "blameless life". His family said Mr Burgess, a retired carpenter, had been dedicated to his wife Ethel but when she died his health had deteriorated. A diabetes sufferer, he had to have his leg amputated and had to move into a care home. After the incident Sussex Police voluntarily referred itself to the Independent Office for Police Conduct (IOPC). Last year both officers were acquitted of charges of assault after a trial at Southwark Crown Court The tribunal continues.