Jurors fail to reach a decision about whether a PC assaulted Dalian Atkinson during his arrest.
image copyrightGetty Images
Jurors have failed to reach a verdict in the trial of a police officer accused of assaulting ex-footballer Dalian Atkinson, who was killed by another officer.
PC Mary Ellen Bettley-Smith, 31, denied assault saying her actions were necessary during his arrest in 2016.
The former Aston Villa striker later died after the stand-off outside his father’s home in Telford, Shropshire.
On Wednesday, PC Benjamin Monk, 43, was convicted of manslaughter.
The West Mercia Police officer was cleared of an alternative charge of murder at Birmingham Crown Court.
Monk’s trial heard he tasered Mr Atkinson for 33 seconds and kicked him twice in the head.
He denied any wrongdoing and said he believed there was a danger to life for him and his colleague, whom he was in a relationship with at the time.
The case against PC Bettley-Smith, a probationary constable, ended in a hung jury after jurors deliberated for more than 21 hours.
They told the trial judge, Judge Melbourne Inman QC, they would be unable, even if given further time, to reach a verdict.
image copyrightPA Media
Mr Atkinson was suffering from renal failure and an apparent mental health crisis when he caused a disturbance at his father’s house in Meadow Close, Trench, on 15 August and neighbours called the police.
Giving evidence at the trial, PC Bettley-Smith said she encountered a “huge, angry figure” and Mr Atkinson’s eyes were bulging out of his head, making her think he was ready to fight.
Monk discharged his Taser three times at Mr Atkinson, twice unsuccessfully, but on the third time he overrode the system, holding down the trigger for 33 seconds – more than six times the standard deployment.
PC Bettley-Smith said she then hit him three times with her baton to prevent him from getting back up.
Monk also kicked Mr Atkinson in the head, leaving bootlace prints on his forehead, but told the court his actions were lawful self-defence.
Mr Atkinson, who has also played for Ipswich Town, Sheffield Wednesday and Real Sociedad, was taken to hospital where he was pronounced dead at 02:45 – about an hour after he was tasered.
image copyrightCrown Prosecution Service
Prosecutors have been given seven days to decide whether to seek a re-trial of PC Bettley-Smith on a charge of assault.
The officer was given unconditional bail and the case against her adjourned until Monday, when her colleague is expected to be sentenced.
Monk has been told he will face an “inevitable” prison term.
After his conviction on Wednesday, Mr Atkinson’s family said justice had been done and hoped he would be remembered for his life, not his death.
They said the past five years had been an ordeal culminating in attending the trial where they heard Monk try to justify the force he used.
According to the charity Inquest, no police officer has been found guilty of murder or manslaughter over a death in custody or following police contact in England and Wales since the 1980s.
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