A police constable has been cleared of assaulting ex-Aston Villa star Dalian Atkinson, after telling jurors she struck him with a baton as a final resort.
Pc Mary Ellen Bettley-Smith was acquitted after jurors rejected prosecution claims that she “lashed out” in anger at Mr Atkinson earlier than his loss of life in Telford, Shropshire, within the early hours of August 15, 2016.
Bettley-Smith, 32, was discovered not responsible at Birmingham Crown Courtroom on Wednesday after the jury had deliberated for 3 hours and two minutes following a re-trial.
Jurors had been unable to achieve a verdict on the assault cost on the officer’s authentic trial final yr, however convicted Laptop Benjamin Monk of manslaughter.
Monk, 43, was jailed for eight years in July 2021 after forensic proof proved he had kicked Mr Atkinson at the very least twice within the head, after tasering him to the bottom.
The re-trial was instructed the retired footballer, 48, who was capped by the England B group and likewise performed for Sheffield Wednesday and Ipswich City, was wanting ahead to non-public well being remedy because of begin on the day he was unlawfully killed.
He misplaced consciousness shortly after being tasered close to his childhood house in Meadow Shut, Trench, and died in hospital about an hour later.
Bettley-Smith and Monk, who had been in a relationship on the time, had been despatched to the scene to restrain Mr Atkinson after his psychological state grew to become disturbed, in all probability because of a build-up of poisons linked to renal failure.
Prosecutors alleged Bettley-Smith misplaced her cool and “pummelled” a “defenceless” Mr Atkinson with a baton, inflicting precise bodily hurt which they accepted didn't contribute to his loss of life.
In her proof to the court docket, Bettley-Smith stated she had used the baton as a result of she perceived the ex-footballer nonetheless posed a risk of “critical hurt” after he was tasered for a 3rd time.
Bettley-Smith instructed her trial she was left “shaking from head to toe” and was positive she would have come to hurt if Mr Atkinson had managed to get to his ft.
She instructed the jury she believed she had used her baton lawfully as a final resort as she desperately tried to manage Mr Atkinson, who she stated was “actively resisting and making an attempt to rise up”.
Claiming to have been terrified, the probationary officer, who's 5ft 5in, stated the incident was the one event she had drawn her baton throughout her full-time service, which started six months earlier.
Mr Atkinson had not flinched throughout two of three Taser deployments, and appeared to really feel no ache when he smashed a window.
“I believed he was making an attempt to rise up to struggle,” she instructed the court docket. “For my part he was making an attempt to rise up on to his arms and knees.
“I used to be afraid of Mr Atkinson getting up. I used to be terrified to even get near him as a result of I believed I'd come to critical hurt if he was to rise up.
“If I might have completed something to not use my baton that night time, then I'd have. There was no anger or shedding my cool.”
Bettley-Smith, a social work graduate, stated that being instructed of Mr Atkinson’s loss of life had left her feeling overwhelmed and that the emotions had not obtained any simpler throughout the previous six years.
“I dwell it each day,” she stated.
In an announcement, the household of Mr Atkinson stated: “While we're dissatisfied in as we speak’s verdict, it brings an finish to authorized processes which have lasted over six years.
“Not a day has passed by since Dalian’s loss of life in August 2016 after we haven’t thought that if it hadn’t been for the actions of the police, he would possibly nonetheless be with us now.”
The Impartial Workplace for Police Conduct (IOPC) stated it's liaising with West Mercia Police about its subsequent steps concerning potential disciplinary proceedings.
IOPC regional director Derrick Campbell stated “As a part of our detailed investigation into the tragic occasions of August 15 2016, we fastidiously examined the character and stage of pressure utilized by Laptop Bettley-Smith and whether or not it was in step with nationwide insurance policies and tips.
“Law enforcement officials are given extraordinary powers to make use of pressure, and the way in which they use pressure should be cheap and proportionate.
“We analysed the sequence of baton strikes by Laptop Bettley-Smith to Mr Atkinson’s physique when he was mendacity on the bottom after he had been tasered. After we offered our proof to the Crown Prosecution Service it authorised the cost of precise bodily hurt. It was necessary that the officer’s actions had been introduced earlier than a court docket and the jury has now made its determination.
“I'd once more ship my heartfelt condolences to Dalian’s household who've needed to wait patiently for a very long time for justice to completely take its course.”
West Mercia Polce Assistant Chief Constable Rachel Jones stated: “Final yr a jury discovered the actions of Ben Monk led to the loss of life of Dalian Atkinson.
“As we speak, a jury has discovered the actions of Ellie Bettley-Smith on the night time Dalian died didn't quantity to assault and she or he has been discovered not responsible of the costs put to her.
“Dalian’s household and pals have suffered a devastating loss; this has been an especially lengthy and troublesome journey and so they have proven nice dignity all through. I once more wish to say to them that I'm sincerely sorry and prolong my apologies and heartfelt condolences.”