Dalian Atkinson: PC Benjamin Monk had kept job despite misconduct
- Published
A police officer who killed ex footballer Dalian Atkinson had previously been found guilty of gross misconduct, a court has heard.
Last week, Benjamin Monk, 43, was convicted of manslaughter over the death in Telford in 2016.
The trial heard Monk had tasered Mr Atkinson six times longer than standard procedure and kicked him in the head.
Due to be sentenced on Monday, Judge Melbourne Inman QC said he needed more time to consider evidence.
Birmingham Crown Court heard Monk was given a final written warning for 18 months in 2011 after being found guilty of gross misconduct during a West Mercia Police disciplinary hearing.
It was found that he had failed to disclose a caution for theft in 1997 - while employed at Woolworths - and another after he was found drunk in 1999.
The misconduct panel found Monk had breached the required standards for honesty and integrity by not disclosing the offences, but allowed him to keep his job.
Monk joined West Mercia Police in 2002 at the age of 22, and spent his first seven years serving in Ludlow, Shropshire.
By 2010, he had joined its force operations support team and was trained to use a Taser.
During the trial at Birmingham Crown Court, jurors heard Monk's Taser had failed to fire twice, but the third attempt saw him deploy it for 33 seconds against Mr Atkinson.
When he fell to the ground, Monk kicked him twice in the head with enough force to leave the imprints of his bootlaces.
The striker, who played for Aston Villa, Ipswich Town and Sheffield Wednesday, died in hospital just over an hour after the confrontation on Meadow Close in the early hours of 15 August 2016.
Victim impact statements from Mr Atkinson's family were read to the court during Monday's hearing in which they remembered him as "the confident, charismatic member of the family who would light up a room".
"He was unwell and vulnerable and needed kindness, not to be subjected to such violence," they said.
The court also heard from Monk's defence barrister, Patrick Gibbs QC, who said the officer "had no intention to kill or injure" Mr Atkinson and that he "thought about it every day".
He said Monk had attended the incident "for the best of reasons" before 59 seconds during which his conduct had been found to be unlawful.
"The 59 seconds stand not just at odds with the previous five minutes, not just at odds with the previous five years, but at odds with the whole of his police career. In fact, at odds with the whole of his adult life," Mr Gibbs said.
Judge Melbourne Inman QC adjourned the hearing until 14:00 BST on Tuesday, saying he wanted time to consider the evidence before passing sentence.
Monk, who had previously been bailed, was remanded in custody ahead of the hearing.
During the trial, he was cleared of an alternative charge of murder on 23 June.
The jury was unable to reach a verdict for his co-accused, 31-year-old PC Mary Ellen Bettley-Smith, who was charged with assaulting Mr Atkinson with her baton while he lay incapacitated.
Prosecutors are yet to announce whether they will seek a retrial for her.
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