Two police officers who tasered and pepper-sprayed a 92-year-old one-legged pensioner in his wheelchair ‘acted hastily, harshly and lost control’, a disciplinary hearing was told.

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.

Donald 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 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 posting ‘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.

Sussex Police officers PC Stephen Smith and PC Rachel Comotto are facing a disciplinary hearing after pepper-spraying and tasering an elderly man with dementia

PC Smith allegedly sprayed Donald Burgess directly in the face when he refused to let go of a small knife

PC Comotto allegedly used her Taser against Mr Burgess after he had been sprayed and hit with a baton

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.

But 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.

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 Burgess was taken in handcuffs to a police station where his condition declined, and he died three weeks later

Mr Rathmell said that at no point before using 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. Your 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 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 hospital Mr Burgess contracted Covid. He died 22 days later following a cardiac arrest.

The disciplinary hearing was told that it was not alleged in this hearing that the actions of the officer contributed to his death.

Mr Burgess’s 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 following a trial at Southwark Crown Court.