UK Police Officers Face Disciplinary Hearing Over Taser and Pepper Spray of 92-Year-Old Man
Two Sussex Police officers face a disciplinary hearing for using excessive force on a 92-year-old man with a knife. The incident led to his death weeks later.
UK Police Officers Face Disciplinary Hearing Over Taser and Pepper Spray of 92-Year-Old Man Two Sussex Police officers face a disciplinary hearing for using excessive force on a 92-year-old man with a knife. The incident led to his death weeks later. Two Sussex Police officers, PC Stephen Smith, 52, and PC Rachel Comotto, 37, are facing a disciplinary hearing for using excessive force on a 92-year-old one-legged pensioner, Donald Burgess, in his wheelchair. The incident occurred in June 2022 at Park Beck Care Home in St Leonards-on-Sea, East Sussex, after police were called reports that an elderly man was threatening staff with a knife. Mr Burgess was tasered and pepper-sprayed, then handcuffed and taken to a police station, where his condition deteriorated; he was transferred to a hospital and died three weeks later. Incident Details and Officers' ActionsThe disciplinary panel was told that PC Smith and PC Comotto acted hastily, harshly, and lost control. Lawyer Aaron Rathmell, representing Sussex Police, said the officers should have acted compassionately toward the vulnerable and confused pensioner but instead escalated the situation and were confrontational and antagonistic.PC Smith allegedly pepper-sprayed Mr Burgess directly in the face when he refused to put down a small dinner knife, then hit him hard on the arm with a police baton. Seconds later, PC Comotto discharged her Taser at the pensioner, hitting him in the chest. Mr Rathmell said that at no point during the three separate uses of force did the officers try to de-escalate the situation.Mr Rathmell told the panel that PC Smith had addressed Mr Burgess, saying, Do you want to put the knife down mate for me or you will be sprayed or tasered. It is 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 repeatedly hit him hard on the arm with his baton.Accusations of Excessive Force and Inappropriate CommentsThe officers are accused of using excessive force, 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 incident.Mr Rathmell said that at no point before the use of the baton or spray did the officers speak with staff to get a diagnosis or ask whether Mr Burgess was vulnerable. He said they failed to treat him as the vulnerable person he was, noting that Mr Burgess was largely silent and his demeanor seemed confused. The officers' manner was dismissive, and they failed to de-escalate the situation or take steps to de-escalate it.Mr Rathmell told PC Smith that he issued threats and continued to do so, using PAVA spray when he had been in the room less than one minute. Mr Burgess had not moved towards him and had not posed a threat. He failed to consider leaving Mr Burgess in his room to calm down and remove the threat to anyone else. The force was not necessary or proportionate.Regarding PC Comotto, Mr Rathmell said she took the decision to use her Taser on the pensioner despite him posing no threat. She used the Taser on him at 1.16pm, in quick succession to her colleague using the baton and spray. There was no justification for then putting the disabled pensioner in handcuffs.Social Media Post and Death of Mr BurgessLater the same day, PC Comotto interacted with a colleague on 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 lightning 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 a hospital, Mr Burgess contracted Covid. He died 22 days later after suffering a cardiac arrest. If the allegations are proven at the disciplinary hearing, both officers could be sacked from the force.
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