Two Police Officers Who Tasered 92-Year-Old Pensioner 'Acted Hastily, Harshly and Lost Control'

A lawyer for Sussex Police has told a misconduct hearing that two officers who Tasered a 92-year-old man 'acted hastily, harshly and lost control.' The words were those of Aaron Rathmell, who is representing the force. They are not a finding by the disciplinary panel.

PC Stephen Smith, 52, and PC Rachel Comotto, 37, face gross-misconduct proceedings over their use of force against Donald Burgess and alleged breaches of professional standards. The hearing began on 28 September 2026 and is ongoing.

Both officers were acquitted of assault occasioning actual bodily harm at Southwark Crown Court in May 2025. Mr Smith faced two counts and Ms Comotto one.

They now face separate misconduct proceedings. Both officers denied the criminal allegations at trial, and Ms Comotto told jurors she believed using her Taser was necessary and proportionate.

The incident happened at Park Beck Care Home in St Leonards-on-Sea, East Sussex, in June 2022. Officers were called after reports that an elderly man was threatening staff with a knife.

Mr Burgess, who had only one leg, was in his wheelchair holding a small serrated cutlery knife. He was in his room with care home staff present.

Both officers could be dismissed if the misconduct allegations are proven.

What the Panel Heard About the Officers

Mr Rathmell told the panel the officers should have been 'compassionate' and considerate towards a vulnerable man. Instead, he alleged, they 'escalated the situation' and were confrontational and antagonistic.

The hearing was told that, after staff were asked to leave, PC Smith allegedly told Mr Burgess to put the knife down or be sprayed or Tasered. It was alleged he then used pepper spray directly in Mr Burgess's face. When the knife stayed in his hand, PC Smith allegedly struck him repeatedly on the arm with a baton.

Seconds later, PC Comotto allegedly fired her Taser and hit him in the chest. Mr Rathmell put the time at 1.16pm.

Mr Rathmell said the officers did not speak to care home staff before using the baton or spray to establish whether Mr Burgess was vulnerable or had a medical condition. 'He was largely silent. His demeanour seemed confused,' he said.

He told PC Smith that Pava spray was used within a minute of entering the room. 'He had not moved towards you and had not posed a threat to you,' he said. He added that leaving Mr Burgess to calm down was never considered.

The force's lawyer described the alleged use of force as 'not necessary or proportionate in the circumstances.' He also said there was 'no justification' for handcuffing Mr Burgess afterwards.

The Social Media Comment

PC Comotto faces a second allegation, relating to social media. Later the same day, a colleague posted a birthday message on Facebook saying the care home was 'getting closer and closer.' The panel heard she replied, 'We all know what happens in care homes,' followed by a lightning emoji.

Mr Rathmell told the panel the emoji referred to the Taser used on Mr Burgess and alleged that Ms Comotto had 'made light of the actions.' He described the response as 'inappropriate and unprofessional.' These are submissions by the force's lawyer, not findings by the panel.

Mr Burgess's Death

Mr Burgess was handcuffed and driven to a police station by the officers. His condition deteriorated on arrival and he was taken to hospital. He later contracted Covid-19 and died 22 days after the incident. A post-mortem recorded his cause of death as heart disease and bronchopneumonia.

The misconduct proceedings do not allege that the officers' actions contributed to Mr Burgess's death. Separately, however, a September 2026 pre-inquest hearing heard arguments about whether the use of force may have contributed to his subsequent deterioration and death. The question of whether the inquest should be reopened is being examined.

His family said they were 'shocked and horrified' and that he had lived a 'blameless life.' A retired carpenter, he had been devoted to his wife Ethel. After she died, his health declined. He had diabetes and had a leg amputated, which led to his move into the care home.

Sussex Police voluntarily referred itself to the Independent Office for Police Conduct (IOPC) after the incident. The IOPC investigation led to the gross-misconduct proceedings.

The panel must decide whether the officers' conduct met professional standards. The misconduct hearing is ongoing, and no ruling has been reported.