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Mary Ellen Bettley-Smith found guilty of gross misconduct for beating Dalian Atkinson with a baton three times before his death A police officer kept his job despite being found guilty of misdemeanor for using excessive force when he repeatedly struck a former footballer with his baton after he was tasered to the ground. An independent court found that West Mercia Police Officer Mary Ellen Bettley-Smith acted inappropriately when she struck Dalian Atkinson three times with her police baton in the early morning of August 15, 2016, after which the former athlete passed away
The panel could have fired Betley-Smith without notice, but instead gave her one last written warning.
Former Aston Villa striker Dalian Atkinson died in 2016
Former Aston Villa striker Mr Atkinson has died after being kicked in the head at least twice by Ms Bettley-Smith's more experienced colleague, PC Benjamin Monk, outside the victim's father's home in Telford, Shropshire, six and a half years ago.
Monk was jailed for eight years in 2021 after his conviction at Birmingham Crown Court for manslaughter.
After Mr Atkinson was tasered to the ground and Monk punched him in the head, Ms Bettley-Smith used her cane on him, saying she "sensed" him trying to get up, although several witnesses Civilians recalled that the 48-year-old man did not move and "did not resist."
Ms Bettley-Smith, 33, known as Ellie, was acquitted of assaulting Mr Atkinson after a trial last year, but the Independent Office for Police Conduct (IOPC) concluded that she had a serious misconduct disciplinary case to answer for your use of force.
The retired footballer, who also played for Sheffield Wednesday and Ipswich Town, was rushed to hospital after the attack but died of cardiac arrest.
The police sent a written apology to his family in 2021.
While the misconduct tribunal found the initial three punches, prior to Monk's kicking, legal, it concluded that his decision to punch Mr. Atkinson three more times, after receiving reinforcements from the police, was “unnecessary, disproportionate and unreasonable in all the circumstances and therefore illegal".
PC Mary Ellen Betley-Smith
She told her trial in September that she was sure she would have been seriously injured if Mr Atkinson had managed to get up.
Presenting the panel's findings, Chairman Karimulla Khan said: “Under these circumstances, the panel concludes that the first three strokes of the baton were legal.
“Then there was the center kick, by Pc (Ben) Monk, at which point, Pc Bettley-Smith then delivered a second set of three poles, the second set of three poles, on the kick light.
"And the panel finds that the second set of three batons was unnecessary, disproportionate and unreasonable in all the circumstances and was therefore unlawful."
PC Benjamin Monk was jailed for eight years for manslaughter
Following the panel's findings, lawyer Dijen Basu KC, presenting the case against Pc Bettley-Smith, said: "The conduct is certainly serious, but the circumstances were complex, they changed rapidly, and the panel considered the context of the decisions and Actions". of the official
“She was clearly on the periphery of the actions taken by PC Monk, which were completely different, several steps of different magnitude.
"The panel may consider a final written warning (as its sanction) as well as dismissal."
Basu said the West Mercia Police Deputy Chief Constable had directed that the panel be asked to consider the lesser sentence, as well as summary dismissal.
Dalian Atkinson, pictured in 1990, died after receiving a kick to the head and an electric shock.
PC Betley-Smith arriving at an earlier hearing
Patrick Gibbs KC, representing Pc Bettley-Smith, said: "The six and a half years... must be a significant punishment in itself and there will have been a long period of reflection on what happened that night."
He said the conduct of Pc Bettley-Smith, a graduate of Hull University in Staffordshire, 'has, up to now, been admirable conduct, certainly beyond reproach' and that his illegal baton blows occurred over a period of 27 years. . seconds. , after which he again exhibited "admirable conduct".
"This is a miscalculation on the spur of the moment as to how much force still needs to be used," he added.
PA files
PA wire
Joe Giddens/PA
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Dalian Atkinson
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