Dalian Atkinson: Officer cleared of assaulting killed ex-footballeron September 28, 2022 at 2:43 pm

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.

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.

PC Bettley-Smith, 32, told the court 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.”

Her colleague was jailed for eight years in 2021, after being convicted of manslaughter.

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 laying 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 argued she was “angry” with Mr Atkinson, who they said was laying 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.

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

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