West Mercia PC found not guilty of assaulting Dalian Atkinson
The ex-Villa player died following an incident in Telford in 2016
Last updated 28th Sep 2022
A police officer accused of assaulting ex-footballer Dalian Atkinson has been found not guilty by a jury.
Pc Mary Ellen Bettley-Smith had denied acting unlawfully when she struck the former Aston Villa, Sheffield Wednesday and Ipswich Town star prior to his death in 2016.
Prosecutors alleged West Mercia officer Bettley-Smith angrily struck the 48-year-old when he was "no longer a threat" after he was tasered to the ground by Pc Benjamin Monk, who was jailed for manslaughter following a previous trial.
Jurors acquit PC
Jurors deliberated for three hours and two minutes before acquitting Mary Ellen Bettley-Smith, who struck Dalian Atkinson three times with a baton after he was tasered to the ground by Pc Benjamin Monk, who was jailed last year for manslaughter.
Bettley-Smith told her trial she was left “shaking from head to toe” and was sure she would have come to serious harm if Mr Atkinson had managed to get to his feet.
The 32-year-old told the jury she had used her baton lawfully as a last resort as she desperately tried to control Mr Atkinson, who she said was “actively resisting and trying to get up” at the scene in Meadow Close, Trench.
Following the acquittal, the trial judge John Butterfield KC told the jury: “You leave the court with my real thanks.”
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.
“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, we will be liaising with the IOPC to establish next steps regarding any potential disciplinary proceedings.