Mills added the baton use was “minimal force” and acknowledged officers must adapt quickly in unpredictable situations.
However, he also highlighted that failing to gather full information before entering was a “tactical error,” as more knowledge of Burgess’s medical history and behavior might have influenced the response.
The court heard that Smith deployed a full burst of pepper spray and struck Burgess with the baton, while Comotto used her taser—all within about 83 seconds of arriving.
Smith maintained the spray was a “short burst,” consistent with the spray’s typical use time of two to six seconds.
