Dalian Atkinson: Officer cleared of assaulting killed ex-footballer

PC Mary Ellen Bettley-Smith denied assault occasioning actual bodily harm

A police officer has been found not guilty of assaulting an ex-footballer the night he was killed.

Mary Ellen Bettley-Smith was accused of striking Dalian Atkinson with her baton when he posed no threat in August 2016, but claimed she was "very frightened".

Mr Atkinson had been acting out of character outside his father's house in Telford due to ongoing health issues and died after being tasered by PC Bettley-Smith's partner, Benjamin Monk.

He was jailed for manslaughter in 2021.

During PC Bettley Smith's retrial at Birmingham Crown Court, jurors heard the two West Mercia Police officers were called to Mr Atkinson's father's home on Meadow Close in Trench late on 15 August.

The former striker, who played for Aston Villa, Sheffield Wednesday and Ipswich Town, was said to have been in a disturbed mental state - likely as a result of a build-up of toxins linked to renal failure.

His partner Karen Wright said he had mentioned "the messiah" on 14 August and removed a dialysis line which had left him in constant pain. He had also smashed a window at his father's home.

He had been due to receive treatment for renal failure hours after his death.

Dalian Atkinson was in a disturbed mental state at the time he was killed

PC Bettley-Smith, 32, told the court during her retrial that she was "terrified" of the 48-year-old who she said looked "huge" and "very angry".

Monk would go on to deploy three Taser cartridges, but after the first PC Bettley-Smith said "there was literally no reaction" from Mr Atkinson.

"All of this happened in such a quick amount of time," she told jurors. "It's hard to put into words all these years later, but it was terrifying. You have had a Taser fail.

"It was a very frightening experience. I think in my interview I said my life flashed before my eyes and that is still to this day a good representation of how I feel."

The court heard she had only started as a probationary officer six months earlier.

PC Benjamin Monk was found guilty of the manslaughter of Dalian Atkinson but cleared of his murder

Her colleague was jailed for eight years in 2021, after being convicted of manslaughter, but the jury last year had failed to reach a verdict on PC Bettley-Smith's assault charge.

Mr Atkinson died in hospital about an hour after Monk tasered him and kicked him in the head with enough force to leave imprints of his bootlaces.

PC Bettley-Smith struck him three times with her baton while he was lying on the ground after the final discharge.

Prosecutors argued that PC Bettley-Smith, while not contributing to Mr Atkinson's death, caused him actual bodily harm.

They told the court she was "angry" with Mr Atkinson, who they said was lying on the ground and posing no threat, however jurors agreed with the defence that the officer had used her baton lawfully as a last resort.

Dalian Atkinson had a successful career at Aston Villa, Sheffield Wednesday and Ipswich Town

Jurors deliberated for just over three hours before acquitting PC Bettley-Smith.

She said Mr Atkinson's death had left her feeling overwhelmed, adding: "I live it every day."

Following the verdict, West Mercia Police again apologised to Mr Atkinson's family for their "devastating loss" and "extremely long and difficult journey".

"We're very aware of the significant impact this case has had on trust and confidence, in particular within our black communities and our communities in Telford," said Assistant Chief Constable Rachel Jones.

"There is much more work for us to do, our black communities must feel respected and represented; and equally protected by West Mercia Police."

The force's statement was echoed by the West Mercia Police and Crime Commissioner, John Campion.

Representing Mr Atkinson's family, Kate Maynard said "swift and robust accountability is essential for the public and bereaved to have faith in the criminal justice system".

"Sadly, it remains unusual for a jury to be given the chance to determine whether a police officer is guilty of unlawful violence in the course of their duty," she said.

Despite the verdict, Ms Maynard said the CPS should "have confidence in bringing more police officers to trial in relation to their use of force".

Disciplinary proceedings

The Independent Office for Police Conduct (IOPC), which investigated the case, said its view was that PC Bettley-Smith should now face disciplinary proceedings and that it would be working with the West Mercia force about next steps.

"Police officers are given extraordinary powers to use force, and the way they use force must be reasonable and proportionate," said IOPC regional director Derrick Campbell.

"After we presented our evidence to the Crown Prosecution Service it authorised the charge of actual bodily harm. It was important that the officer's actions were brought before a court and the jury has now made its decision."

He extended his condolences to Mr Atkinson's family who he said "have had to wait patiently for a long time for justice to fully take its course".