PC keeps job despite gross misconduct over baton strikes on Dalian Atkinson
Former Villa striker Dalian Atkinson died after an incident outside his father's home in Telford.
Last updated 17th Mar 2023
A police constable has kept her job despite being found guilty by a disciplinary panel of gross misconduct for using excessive force when she repeatedly hit an ex-footballer with her baton after he was Tasered to the ground.
An independent tribunal found on Friday that Mary Ellen Bettley-Smith, a West Mercia Police officer, acted wrongly when she struck Dalian Atkinson three times with her police-issue baton during an incident in the early hours of August 15 2016, after which the ex-sportsman died.
The panel could have sacked Bettley-Smith, a University of Hull graduate originally from Staffordshire, without notice but instead handed her a final written warning.
The move came after the barrister who presented the case against her, Dijen Basu KC, said West Mercia's Police's Deputy Chief Constable had instructed that the panel be asked to consider the lesser sanction, as well as dismissal without notice.
Former Aston Villa striker Mr Atkinson died after being kicked at least twice in the head by Ms Bettley-Smith's more experienced colleague, Pc Benjamin Monk, outside the victim's father's home in Telford, Shropshire, six-and-a-half years ago.
Reacting afterwards, Mr Atkinson's older sister Elaine Atkinson: "I am disappointed really with the outcome because I did feel that it was serious enough (for her to be sacked).
"That she was found guilty of gross misconduct, and they (the panel) appreciated that, I thought that was good.
"Just disappointment.
"His life wasn't as important and what we have gone through the past six years, and the fact they're talking about her (Bettley-Smith) being on the rack.
"At the end of the day, Dalian's gone and it's down to those officers."