A police officer has been cleared of assaulting retired Aston Villa footballer Dalian Atkinson previous to his loss of life.
Computer Mary Ellen Bettley-Smith was discovered not responsible at Birmingham Crown Courtroom for assault resulting in the loss of life of the ex-footballer in Telford, Shropshire in 2016.
Jurors deliberated for 3 hours and two minutes earlier than acquitting Mary Ellen Bettley-Smith, who struck Dalian Atkinson thrice with a baton after he was tasered to the bottom by Computer Benjamin Monk, who was jailed final yr for manslaughter.
Ms Bettley-Smith advised her trial she was left “shaking from head to toe” and was certain she would have come to critical hurt if Mr Atkinson had managed to get to his toes.
The 32-year-old advised the jury she had used her baton lawfully as a final resort as she desperately tried to regulate Mr Atkinson, who she mentioned was “actively resisting and making an attempt to stand up” on the scene in Meadow Shut, Trench.
Following the acquittal, the trial decide John Butterfield KC advised the jury: “You permit the courtroom with my actual thanks.”
The jury within the re-trial of Ms Bettley-Smith was given a majority route after failing to succeed in a unanimous verdict.
Computer Mary Ellen Bettley-Smith, arriving at her retrial (Matthew Cooper/PA)
(PA Wire)
After receiving a be aware from the jury at Birmingham Crown Courtroom, Decide John Butterfield KC urged them to proceed to try to succeed in a unanimous verdict. However he added: “In case you can’t try this, I can now settle for a verdict on which no less than ten of you agree.”
Prosecutors alleged West Mercia officer Ms Bettley-Smith angrily struck the 48-year-old when he was “now not a risk” after he was tasered to the bottom. However she denied she had acted out of anger whereas trying to restrain Mr Atkinson in Meadow Shut, Telford, Shropshire, on 15 August 2016.
“I assumed he was making an attempt to stand up to battle,” she advised the courtroom. “For my part he was making an attempt to stand up on to his arms and knees.
“I used to be fearful of Mr Atkinson getting up. I used to be terrified to even get near him as a result of I assumed I might come to critical hurt if he was to stand up.
“If I may have performed something to not use my baton that evening, then I might have. There was no anger or dropping my cool.”
Requested what her principal emotion was whereas beating Atkinson along with her batton, Bettley-Smith advised the courtroom: “I used to be terrified – very, very frightened.”
Bettley-Smith advised jurors she had a level in social work from the College of Hull and that she had labored at a university supporting college students with studying difficulties, earlier than volunteering as a particular constable.
Dalian Atkinson was killed exterior his father’s home in 2016
(PA Media)
Prosecutor Paul Jarvis mentioned Mr Atkinson, who had well being issues together with kidney failure, was a much-loved son, brother, father, associate and buddy to those that knew him finest.
PC Benjamin Monk, of West Mercia Police, was convicted of the killing after jurors reached a unanimous verdict at Birmingham Crown Courtroom. The 42-year-old Tasered the ex-Aston Villa striker for 33 seconds earlier than kicking him twice within the head “like a soccer”.
The 48-year-old retired footballer was rushed to hospital following the assault exterior his father’s dwelling in Telford, Shropshire, however died after struggling a cardiac arrest.
Following the jury’s verdict, Atkinson’s household mentioned in an announcement: “On the evening he died, Dalian was susceptible and unwell and wanted medical consideration. He as an alternative obtained violence, and died with PC Monk’s boot lace prints bruised onto his brow.”
Taser information confirmed Monk activated the weapon eight instances for a complete of greater than 80 seconds utilizing three Taser cartridges, culminating in a 33-second deployment greater than six instances longer than is normal.
Witnesses described how Monk continued to batter Atkinson even after he seemed to be “lifeless” on the ground.
Extra follows…
