Excessive Force, Lifetime Ban: No Excuse For Failing A Duty Of Care

Two Sussex Police officers have been sacked after a panel ruled they used excessive force when Tasering 92-year-old amputee Donald Burgess.

PC Stephen Smith and PC Rachel Comotto were sacked without notice for gross misconduct after using a Taser, PAVA spray and a baton on 92-year-old Donald Burgess.

The officers were called to an East Sussex care home on June 21, 2022, after reports that a resident was threatening staff with a knife.

Body-worn camera footage showed PC Smith telling Mr Burgess to drop the knife or face being sprayed or Tasered.

PC Smith repeatedly ordered Mr Burgess to drop the knife, warning him it was his last chance.

PC Smith then sprayed Mr Burgess with PAVA spray while shouting at him to drop the knife.

PC Comotto ordered him to drop the knife before shouting “Taser” and firing her weapon.

Within 90 seconds of arriving, PC Smith struck Mr Burgess with a baton before PC Comotto fired her Taser.

Mr Burgess was handcuffed and taken to the hospital, where he died three weeks later from causes unrelated to the officers’ actions.

A police disciplinary panel ruled that both officers breached professional standards regarding their use of force, conduct, and respect.

The officers likely never expected their shift to end in a career-destroying incident.

Mr Burgess held the cutlery knife because he was suffering from extreme delirium caused by an undiagnosed urinary tract infection.

A doctor had also been called alongside the police to handle the care home emergency.

The disciplinary panel ruled that Mr Burgess posed no immediate risk and that Tasering him was an entirely unjustified use of force.

A urinary tract infection can cause severe delirium and hallucinations in older adults, completely altering their normal behaviour.

The incident was not fast-paced, and the isolated, wheelchair-bound resident posed little immediate danger to anyone.

The officers immediately threatened and used multiple types of force instead of trying to de-escalate the situation.

The officers acted as if they were entering a dangerous hostage situation rather than handling a vulnerable medical emergency.

The two officers are legally banned for life from working in UK policing and will face severe difficulty finding regular employment.

The officers’ names, the bodycam evidence, and PC Comotto’s mocking Facebook posts are now part of the public record due to their dismissal.

Mr Burgess’s family welcomed the decision, stating that sacking the officers was the only acceptable outcome.

Regardless of any medical warnings, the officers owed Mr Burgess a duty of care and completely failed to meet it.

Published by Angela Lloyd

My vision on life is pretty broad, therefore I like to address specific subjects that intrigue me. Therefore I really appreciate the world of politics, though I have no actual views on who I will vote for, that I will not tell you, so please do not ask! I am like an observation station when it comes to writing, and I simply take the news and make it my own. I have no expectations, I simply love to write, and I know this seems really odd, but I don't get paid for it, I really like what I do and since I am never under any pressure, I constantly find that I write much better, rather than being blanketed under masses of paperwork and articles that I am on a deadline to complete. The chances are, that whilst all other journalists are out there, ripping their hair out, attempting to get their articles completed, I'm simply rambling along at my convenience creating my perfect piece. I guess it must look pretty unpleasant to some of you that I work for nothing, perhaps even brutal. Perhaps I have an obvious disregard for authority, I have no idea, but I would sooner be working for myself, than under somebody else, excuse the pun! Small I maybe, but substantial I will become, eventually. My desk is the most chaotic mess, though surprisingly I know where everything is, and I think that I would be quite unsuited for a desk job. My views on matters vary and I am extremely open-minded to the stuff that I write about, but what I write about is the truth and getting it out there, because the people must be acquainted. Though I am quite entertained by what goes on in the world. My spotlight is mostly to do with politics, though I do write other material as well, but it's essentially politics that I am involved in, and I tend to concentrate my attention on that, however, information is essential. If you have information the possibilities are endless because you are only limited by your own imagination...

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