Officer found not guilty of assaulting ex-footballer Dalian Atkinson

The jury at Birmingham Crown Court found Police Constable Mary Ellen Bettley-Smith not guilty of assaulting the former Aston Villa footballer on August 15, 2016.

PC Bettley-Smith and former PC Ben Monk had been responding to a disturbance in Trench in Telford.

During the incident a Taser was used on 48-year-old Mr Atkinson. He became unresponsive and was taken to hospital, where he was pronounced dead.

Last year, both officers faced trial at Birmingham Crown Court where PC Monk was convicted of unlawful act manslaughter for the death of Mr Atkinson and sentenced to eight years’ imprisonment.

The jury was unable to reach a verdict in relation in respect of the assault charge against PC Bettley-Smith and she faced a retrial.

PC Bettley-Smith was found not guilty on Wednesday (September 28) at the end of the three-week re-trial.

West Mercia Police Assistant Chief Constable Rachel Jones, said: “Last year a jury found the actions of Ben Monk led to the death of Dalian Atkinson.

“Today, a jury has found the actions of Ellie Bettley-Smith on the night Dalian died did not amount to assault and she has been found not guilty of the charges put to her.

“Dalian’s family and friends have suffered a devastating loss; this has been an extremely long and difficult journey and they have shown great dignity throughout. I again want to say to them that I am sincerely sorry and extend my apologies and heartfelt condolences.”

She added: “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.

“I would like to take the opportunity to thank those community members in Telford who have welcomed us as we endeavour to build our relationship with them. It is vital we listen and understand their issues and concerns, and while we know we have a long way to go, I know that personally, when I have met with them, I have felt welcomed and encouraged by the open, frank and important discussions we are able to have. I’m confident these discussions will continue.

“But, we know that is not enough and there is much more work for us to do, our black communities must feel respected and represented; and equally protected by West Mercia Police.”

Now criminal proceedings have concluded, the force said it will be liaising with the Independent Office for Police Conduct (IOPC) to establish next steps regarding any potential disciplinary proceedings.

IOPC regional director, Derrick Campbell, said: “As part of our detailed investigation into the tragic events of August 15, 2016, we carefully examined the nature and level of force used by PC Bettley-Smith and whether it was in line with national policies and guidelines.

“Police officers are given extraordinary powers to use force, and the way they use force must be reasonable and proportionate.

“We analysed the sequence of baton strikes by PC Bettley-Smith to Mr Atkinson’s body when he was lying on the ground after he had been Tasered.

“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 added: “I would again send my heartfelt condolences to Dalian’s family who have had to wait patiently for a long time for justice to fully take its course.”

The IOPC said at the end of its investigation, it shared the investigation report with West Mercia Police, along with its view that PC Bettley-Smith should also face a gross misconduct hearing over her use of force.

“Now the trial is concluded we will be liaising with West Mercia Police about next steps regarding any potential disciplinary proceedings,” it added.

West Mercia police and crime commissioner (PCC) John Campion said: “My thoughts continue to be with Dalian Atkinson’s family and friends, I can’t imagine the pain they have gone through during what will no doubt have continued to be an incredibly challenging time.

“While the jury has determined the outcome of this trial, as PCC I recognise the ongoing impact this incident has had and continues to have on West Mercia’s communities, particularly in Telford.

“I reaffirm my commitment to ensuring relationships between communities and police are strengthened.”