Dalian Atkinson: PC cleared of assaulting retired Aston Villa player prior to his death

Pc Mary Ellen Bettley-Smith was acquitted after jurors rejected prosecution claims that she ‘lashed out’ in anger at Mr Atkinson before his death in Telford
Pc Mary Ellen Bettley-Smith (Matthew Cooper/PA)
PA Wire
Michael Howie28 September 2022
WEST END FINAL

Get our award-winning daily news email featuring exclusive stories, opinion and expert analysis

I would like to be emailed about offers, event and updates from Evening Standard. Read our privacy notice.

A police constable has been cleared of assaulting ex-Aston Villa star Dalian Atkinson, after telling jurors she struck him with a baton as a last resort.

Pc Mary Ellen Bettley-Smith was acquitted after jurors rejected prosecution claims that she “lashed out” in anger at Mr Atkinson before his death in Telford, Shropshire, in the early hours of August 15, 2016.

Bettley-Smith, 32, was found not guilty at Birmingham Crown Court on Wednesday after the jury had deliberated for three hours and two minutes following a re-trial.

Jurors were unable to reach a verdict on the assault charge at the officer’s original trial last year, but convicted Pc Benjamin Monk of manslaughter.

Monk, 43, 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.

The re-trial was told the retired footballer, 48, who was capped by the England B team and also played for Sheffield Wednesday and Ipswich Town, was looking forward to private health treatment due to start on the day he was unlawfully killed.

Dalian Atkinson died after being Tasered (PA)
PA Archive

He lost consciousness shortly after being tasered near his childhood home in Meadow Close, Trench, and died in hospital about an hour later.

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.

Prosecutors alleged 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.

In her evidence to the court, Bettley-Smith said she had used the baton because she perceived the ex-footballer still posed a threat of “serious harm” after he was tasered for a third time.

Bettley-Smith told her trial she was left “shaking from head to toe” and was sure she would have come to harm if Mr Atkinson had managed to get to his feet.

She told the jury she believed 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”.

Claiming to have been terrified, the probationary officer, who is 5ft 5ins tall, said the incident was the only occasion she had drawn her baton during her full-time service, which began six months earlier.

Mr Atkinson had not flinched during two of three taser deployments, and appeared to feel no pain when he smashed a window.

“I thought he was trying to get up to fight,” she told the court. “In my opinion he was trying to get up on to his hands and knees.

“I was terrified of Mr Atkinson getting up. I was terrified to even get close to him because I thought I would come to serious harm if he was to get up.

“If I could have done anything to not use my baton that night, then I would have. There was no anger or losing my cool.”

Bettley-Smith, a social work graduate, said that being told of Mr Atkinson’s death had left her feeling overwhelmed and that the feelings had not got any easier during the past six years.

“I live it every day,” she said.

Create a FREE account to continue reading

eros

Registration is a free and easy way to support our journalism.

Join our community where you can: comment on stories; sign up to newsletters; enter competitions and access content on our app.

Your email address

Must be at least 6 characters, include an upper and lower case character and a number

You must be at least 18 years old to create an account

* Required fields

Already have an account? SIGN IN

By clicking Create Account you confirm that your data has been entered correctly and you have read and agree to our Terms of use , Cookie policy and Privacy policy .

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged in