Dalian Atkinson: Jury in case against PC Mary Ellen Bettley-Smith fail to reach a majority verdict

Jurors had been deliberating for more than 21 hours

Dalian Atkinson during his playing career
Author: Richard ThomasPublished 24th Jun 2021
Last updated 24th Jun 2021

The case against West Mercia Police officer PC Mary Ellen Bettley-Smith, who is accused of assault in the death of former Aston Villa striker Dalian Atkinson in Telford in 2016, has ended in a hung jury.

The 11 strong panel has now been discharged after first being sent out on Tuesday (15 June) and deliberating for more than 21 hours at Birmingham Crown Court.

Jurors told the judge they would'nt be able to reach a majority verdict on a charge alleging Bettley-Smith used unlawful force.

PC Benjamin Monk was found guilty of the manslaughter of ex-footballer Dalian Atkinson yesterday and cleared of an alternative charge of murder at Birmingham Crown Court.

Ben Monk has been granted bail until his sentence hearing at the same court on Monday, after being told a custodial sentence their cases were inevitable.

What happened to Dalian Atkinson?

Police first had contact with Dalian Atkinson outside a property on Meadow Close in Trench, Telford at around 1:30am on 15 August 2016.

They were initially responding to reports of a disturbance.

Mr Atkinson was later taken to hospital and pronounced dead later that morning.

PC Mary Ellen Bettley-Smith, denied committing assault when she struck the former Aston Villa, Sheffield Wednesday and Ipswich Town star with a baton after he was tasered to the ground.

43-year-old PC Benjamin Monk denied murder and an alternative charge of manslaughter.

"Deep regret and shock"

Speaking yesterday, Assistant Chief Constable Rachel Jones from West Mercia Police, gave a statement on the verdict of PC Monk: "Words alone cannot express the deep regret and shock I feel that I must stand here and address you today because a West Mercia officer has been found to be criminally responsible for Dalian’s death.

"I am sincerely sorry and extend my apologies and deep condolences to Dalian’s family and friends. You have demonstrated great dignity and strength throughout.

"Dalian’s death has devastated his family, friends and local community. It has also caused great shock and sadness throughout the police service.

"Police officers come to work to serve their communities and keep the public safe. Our uniform should represent justice, public safety and the observance of the law. Those who wear it, as individuals, are also subject to those laws and should be held to the very highest standards of conduct and behaviour. A police uniform does not grant officers immunity to behave unlawfully or to abuse the powers bestowed upon us by the public.

"We do not underestimate the impact of this case and today’s verdict. It is wide-reaching and immeasurable. Nor do we underestimate the significant damage that it has done to the trust and confidence in the police locally and nationally, particularly to Black people. It causes grave concern within the police service.

"We work hard to build and maintain the trust and confidence of the communities we serve. When something happens to harm that relationship, we must stop, listen and work with the public, particularly those communities where trust is fragile, to strengthen those bonds. We recognise there is much to do."

Listen to KISS, KISSTORY and KISS Fresh on our free Rayo app, by hitting the play button on the bottom of your screen and on your smart speaker (‘Play KISS FM’, ‘Play KISSTORY’, ‘Play KISS Fresh’). KISS and KISSTORY are also available on DAB.