PCs who used Taser and baton on Donald Burgess at care home sacked

Donald Burgess, who had dementia, was pepper sprayed and Tasered in his wheelchair

Two police officers who pepper-sprayed and Tasered a 92-year-old amputee at a care home have been sacked for gross misconduct.

Burgess, who had dementia, was hit with a baton, pepper sprayed and Tasered as he sat in his wheelchair in his bedroom in June 2022.

Burgess was taken to hospital after the incident, where he contracted Covid and died 22 days later, but the officers were not held responsible for his death.

PC Rachel Comotto and PC Stephen Smith were dismissed from the force without notice

During a week-long hearing, force lawyer Aaron Rathmell told the panel Smith, 52, and Comotto, 37, "acted, hastily, harshly and lost control".

Bodyworn camera footage showed Smith walking into the room and saying: "Do you want to be sprayed or Tasered? It's up to you. Can you put that down for us?"

The panel found Smith "made no attempt to assess or understand" Burgess' vulnerability, while Comotto "showed no compassion".

Body-worn camera footage shows Burgess being asked to put down the knife

Smith failed to consider leaving the 92-year-old in his room to calm down, the panel found, plus the use of Pava, a type of pepper spray, was deemed unreasonable in the circumstances.

The panel also said Smith's tone and language towards Burgess was "dismissive in nature", while Comotto was "antagonistic".

More information should have been ascertained from care home staff, he said.