By Charlie Carmichael-
A police officer has been found not guilty of assaulting an ex-footballer the night he was killed.
Jurors deliberated for just over three hours before acquitting PC Bettley-Smith.
Mary Ellen Bettley-Smith was accused of striking Dalian Atkinson with her baton when he posed no threat in August 2016, but claimed she was “very frightened”.
During the trial at Birmingham crown court, jurors were told Mary Ellen Bettley-Smith, 32, struck Atkinson, 48, with her baton three times as he lay on the ground after being Tasered for 33 seconds by her colleague and then partner, PC Benjamin Monk.
Bettley-Smith told the court she used her baton lawfully as a last resort, as she tried to control Atkinson, who she said was “actively resisting and trying to get up”.
Mr Atkinson had been acting out of character outside his father’s house in Telford due to ongoing mental health issues and died after being tasered by PC Bettley-Smith’s partner, Benjamin Monk.
Jurors were unable to reach a verdict on the assault charge at the officer’s original trial last year but had convicted Monk.
The 43-year-old was jailed for eight years in July 2021, after forensic evidence proved he had kicked Mr Atkinson at least twice in the head, after tasering him to the ground.
Ms Bettley-Smith and Monk, who were in a relationship at the time, had been sent to the scene to restrain Mr Atkinson, after his mental state became disturbed, probably due to a build-up of toxins linked to renal failure, jurors heard.
Prosecutors alleged Ms Bettley-Smith lost her cool and “pummelled” a “defenceless” Mr Atkinson with a baton, causing actual bodily harm which they accepted did not contribute to his death.
His partner Karen Wright said he had mentioned “the messiah” on 14 August and removed a dialysis line which had left him in constant pain. He had also smashed a window at his father’s home.
He had been due to receive treatment for renal failure hours after his death.
She said Mr Atkinson’s death had left her feeling overwhelmed, adding: “I live it every day.”
Following the verdict, West Mercia Police again apologised to Mr Atkinson’s family for their “devastating loss” and “extremely long and difficult journey”.
“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,” said Assistant Chief Constable Rachel Jones.
“There is much more work for us to do, our black communities must feel respected and represented; and equally protected by West Mercia Police.”
The force’s statement was echoed by the West Mercia Police and Crime Commissioner, John Campion.
Representing Mr Atkinson’s family, Kate Maynard said “swift and robust accountability is essential for the public and bereaved to have faith in the criminal justice system”.
“Sadly, it remains unusual for a jury to be given the chance to determine whether a police officer is guilty of unlawful violence in the course of their duty,” she said.
Despite the verdict, Ms Maynard said the CPS should “have confidence in bringing more police officers to trial in relation to their use of force”.
Disciplinary proceedings
The Independent Office for Police Conduct (IOPC), which investigated the case, said its view was that PC Bettley-Smith should now face disciplinary proceedings and that it would be working with the West Mercia force about next steps.
“Police officers are given extraordinary powers to use force, and the way they use force must be reasonable and proportionate,” said IOPC regional director Derrick Campbell.