A female constable has been cleared of abusing former Aston Villa player Dalian Atkinson as her boyfriend Tasered and kicked him to death.
Mary Ellen Bettley-Smith has been cleared of attacking former Aston Villa footballer Dalian Atkinson before to his death in Telford, Shropshire in 2016 by the Birmingham Crown Court.
Bettley-Smith, who struck Dalian Atkinson three times with a baton after he was tasered to the ground by Pc Benjamin Monk, who was imprisoned last year for manslaughter, was acquitted after three hours and two minutes of deliberation.
Bettley-Smith testified at her trial that she was left “shaking from head to toe” and was certain she would have been gravely injured if Mr. Atkinson had managed to stand up.
The 32-year-old told the jury that she used her baton legitimately as a last resort while urgently attempting to subdue Mr. Atkinson, who she claimed was “actively struggling and trying to get up” at the Meadow Close, Trench incident.
Prior to Dalian Atkinson’s murder, the Birmingham Crown Court acquitted PC Mary Ellen Bettley-Smith of assaulting former Aston Villa footballer Dalian Atkinson.
Following the acquittal, the trial judge John Butterfield KC expressed his sincere gratitude to the jurors.
Bettley-Smith, 32, was accused of assault resulting in actual bodily injury following the August 2016 death of the retired player.
Atkinson died after being tasered by PC Benjamin Monk outside his father’s residence in Telford, Shropshire.
In June of last year, Monk was sentenced to eight years in prison for manslaughter after he used a stun gun on a 48-year-old man for 33 seconds before kicking him twice in the head.
Today, Monk’s ex-girlfriend Bettley-Smith was retried at the Birmingham Crown Court, after a previous jury failed to reach a decision.
Former footballer Dalian Atkinson died on August 15, 2016, following an altercation with police outside his father’s residence in Meadow Close, Telford, Shropshire. PC Mary Ellen Bettley-Smith, pictured on the right, rejects the charge of assault resulting in bodily harm.
PC Benjamin Monk was sentenced to eight years in prison for manslaughter following a prior trial.
While Atkinson lay on the ground after being tasered, she struck him with her baton ‘with as much power as she could muster,’ as the court heard earlier.
Jurors were told that she may have behaved “out of rage” or because her boyfriend Monk had instructed her, “F**king strike him, f**king hit him”
Bettley-Smith of the West Mercia Police, however, argues she used appropriate force and acted in self-defense since she believed her life was under risk at the time.
Prosecutor Paul Jarvis stated, ‘Dalian Atkinson died after a confrontation with two police officers, PC Benjamin Monk and PC Ellie Bettley-Smith, outside his father’s residence.
‘At the time, these policemen were in a romantic connection.
“It has never been the prosecution’s position that Ellie Bettley-Smith was in any way responsible for Dalian Atkinson’s death,” the judge said.
‘However, the prosecution’s position has always been that she unlawfully struck Dalian Atkinson multiple times with her baton as he lay on the ground, producing bruising that constituted actual bodily harm.
“Ellie Bettley-Smith does not dispute striking Dalian Atkinson, but she argues that she did so in self-defense, in defense of Benjamin Monk or others, to arrest Dalian Atkinson or to prevent him from committing more offenses.”
Atkinson, a former Aston Villa forward, died after being tasered by PC Benjamin Monk.
Ellie Bettley-Smith claims she honestly believed Dalian Atkinson constituted a threat to her and Benjamin Monk when she struck him.
Atkinson attempted to break into his 85-year-old father’s home at approximately 1:30 a.m. on August 15, 2016, according to court testimony.
Atkinson confronted them both while yelling, “I’m the f***ing Messiah!” before to Monk deploying his stun gun thrice.
Atkinson, who was unarmed, reportedly dropped to the ground, where Monk gave at least two kicks to his head and Bettley-Smith struck him with a baton.
The former Villa, Sheffield Wednesday, and Ipswich Town forward was transported to the Princess Royal Hospital in Telford at 2:54am, but he died after suffering a heart attack.
The court heard that Atkinson had kidney failure, high blood pressure, and heart illness, and that he was “not acting himself” the night he died.
Mr. Jarvis stated, ‘His behavior was strange and unsettling, and would eventually become hostile.’
‘Numerous close residents witnessed the incidents that occurred on Meadow Close in the early am hours of August 15, 2016′
Benjamin Monk was carrying his taser along with three cartridges. Ellie Bettley-Smith lacked the necessary training to operate a taser, but she did possess an extension baton.
“Dalian exited the front door and approached the cops.” He stated, “You will taser me.” I am the Christ, I am the Christ. You cannot hurt me’.’
‘Numerous residents of Meadow Close knew Dalian as a frequent visitor to his father’s residence. It was evident to them that his behaviors were quite uncharacteristic.
Ellie, the probation officer, claims she acted lawfully to protect herself and others.
It is completely logical that Benjamin Monk and Ellie Bettley-Smith were fearful for their safety at this time.
Mr. Atkinson was being hostile towards them, and we acknowledge that they had the right to use measures to restrain him.
“There is no disagreement that the third taser cartridge discharge was immediately effective.
Due to neuromuscular incapacitation, Dalian fell in the middle of the road.
‘Several witnesses subsequently observed Benjamin Monk kick Dalian Atkinson in the head.
“We know that Benjamin Monk kicked Mr. Atkinson in the head at least twice with enough power to leave the impressions of his shoelaces with each kick,”
“The witnesses also saw Ellie Bettley-Smith pull out her baton, extend it, and strike Dalian numerous times with it to his torso,” the report said.
Benjamin Monk was overheard yelling to Ellie Bettley-Smith, “F**king hit him, f**king hit him,” which Bettley-Smith subsequently did.
The court heard that when Monk’s coworkers came on the scene, they observed him with his foot on Atkinson’s head as he lay motionless and gurgling.
Mr. Jarvis stated, “Ellie Bettley-Smith seemed extremely distressed upon learning of Mr. Atkinson’s passing.”
She was interviewed twice by the police regarding the incidents that occurred on Meadow Close.
In her second interview, she stated that she had struck Mr. Atkinson with maximum power.
“The prosecution acknowledges that this must have been a terrifying event for a probationary officer in Ellie Bettley-position.” Smith’s
‘Dalian Atkinson’s behavior warranted Benjamin Monk’s attempt to taser him, as he plainly posed a threat.
Paul Jarvis, the prosecutor, described Mr. Atkinson as a “obviously intimidating presence” whose actions “justified Benjamin Monk’s attempt to tase him.”
However, as Mr. Atkinson ceased to pose a threat to the cops, the justification for using force against him vanished.
“Ellie Bettley-Smith likely lashed out, perhaps in retaliation for the fact that Mr. Atkinson had so frightened her.”
‘Or possibly because Benjamin Monk instructed her to because he was himself angry, but in any case, she was not attempting to defend herself or Benjamin Monk, nor to arrest Mr. Atkinson, when she struck him.
Therefore, we assert that those blows were unlawful.
The trial will resume on Wednesday.
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