Pc Mary Ellen Bettley-SmithImage source, PA Media
Image caption, PC Mary Ellen Bettley-Smith denied assault occasioning actual bodily harm

A police officer was acquitted of assault on an ex- football player.

Mary Ellen Bettley-Smith was accused of hitting Dalian Atkinson with her baton, but she claimed she was very frightened.

The man died after being tasered by PC Bettley-Smith's partner, Benjamin Monk, because he was acting out of character.

He was sentenced for manslaughter in 2020.

During PC Bettley Smith's re trial, jurors heard that two West Mercia Police officers were called to Mr Atkinson's father's home late in the evening of August 15th.

The ex-striker was said to have been in a disturbed mental state due to a build-up of toxins in his body.

His partner said that he mentioned "the messiah" on August 14 and that he had removed a line which had left him in pain. He had damaged a window at his father's house.

Hours after his death, he was going to be treated forrenal failure.

Image caption, Dalian Atkinson was in a disturbed mental state at the time he was killed

PC Bettley-Smith told the court that she was frightened of the 48 year old who she said looked very angry.

After the first PC Bettley-Smith said "there was literally no reaction" from Mr. Atkinson, Monk went on to deploy three stun guns.

She said that all of this happened in a short period of time. It was frightening but it was hard to say anything. The taser failed.

It was terrifying. In my interview, I said my life flashed before my eyes and that is still a good representation of how I feel today.

Six months earlier, she had started as a probationary officer.

Image source, West Mercia Police
Image caption, PC Benjamin Monk was found guilty of the manslaughter of Dalian Atkinson but cleared of his murder

PC Bettley-Smith was found guilty of manslaughter and sentenced to eight years in jail, but the jury couldn't reach a verdict on the assault charge.

The man died in the hospital after Monk kicked him in the head and tasered him.

PC Bettley- Smith struck him three times with her baton while he lay on the ground.

Prosecutors argued that PC Bettley-Smith caused bodily harm when he didn't contribute to the death.

The jury agreed with the defence that the officer had used her baton as a last resort, despite the fact that she was angry with Mr. Atkinson.

Image source, Getty Images
Image caption, Dalian Atkinson had a successful career at Aston Villa, Sheffield Wednesday and Ipswich Town

The jury deliberated for three hours before acquitting PC Bettley- Smith.

"I live it every day," she said.

After the verdict, West Mercia Police apologized to the family for their loss and lengthy journey.

"We're aware of the significant impact this case has had on trust and confidence in our black communities and our communities in Telford," said assistant chief constabulary Rachel Jones.

Our black communities need to feel respected and protected by the West Mercia Police.

John Campion was the West Mercia Police and Crime Commissioner.

Kate Maynard said that swift and robust accountability is essential for the public and bereaved to have faith in the criminal justice system.

She said that it was unusual for a jury to be given the chance to decide if a police officer was guilty of violence.

Despite the verdict, Ms Maynard believes that more police officers should be tried for their use of force.

The IOPC said that PC Bettley-Smith should faceDisciplinary proceedings and that it would be working with the West Mercia force.

The way in which police officers use force must be reasonable and proportional.

The charge of actual bodily harm was approved after we presented our evidence to the prosecution service. It was important that the officer's actions were heard by a jury.

He extended his sympathies to the family who have been waiting for justice to be served.

You can follow the radio station on social media. You can email your story ideas to newsonline.westmidlands@bbc.co.uk.

The BBC is not responsible for the content of external sites.
  • Telford
  • Birmingham
  • West Mercia Police