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Feminine officer acquitted of Dalian Atkinson assault

A feminine officer has been acquitted of assaulting retired Aston Villa star Dalian Atkinson when he was tasered and kicked to loss of life by her fellow police officer boyfriend.

PC Mary Ellen Bettley-Smith acquitted on Birmingham Crown Court docket of assaulting Mr Atkinson previous to his loss of life in Telford, Shropshire, in 2016, after she informed jurors she beat him with a baton as a final resort.

The jurors deliberated for 3 hours and two minutes earlier than acquitting Bettley-Smith, who beat Atkinson thrice with a baton after he was tasered to the bottom by Computer Benjamin Monk, who was jailed for manslaughter final 12 months.

Prosecutors alleging she “lashed out” in anger at Mr Atkinson, had been rejected by jurors.

Bettley-Smith informed her trial that she was “trembling from head to toe” and was sure she would have suffered critical accidents if Mr Atkinson had managed to stand up.

The 32-year-old informed the jury that she had lawfully used her baton as a final resort when she desperately tried to regulate Mr Atkinson, who she mentioned was “actively resisting and making an attempt to face up” on the scene in Meadow Shut. trench.

PC Mary Ellen Bettley-Smith acquitted by Birmingham Crown Court docket of assaulting retired Aston Villa footballer Dalian Atkinson previous to his loss of life

Bettley-Smith told her trial that she was

Bettley-Smith informed her trial that she was “trembling from head to toe” and was sure she would have suffered critical accidents if Mr Atkinson had managed to stand up.

After the acquittal, trial decide John Butterfield KC informed the jury, “You permit the court docket with my honest thanks.”

Bettley-Smith, 32, was charged with assault leading to bodily hurt following the loss of life of the retired footballer in August 2016.

Former Aston Villa striker Atkinson died after being tasered by PC Benjamin Monk outdoors his father’s residence in Telford, Shropshire.

Monk zapped the 48-year-old with a stun gun for 33 seconds earlier than kicking him twice within the head and was sentenced to eight years in jail for manslaughter final June.

Monk’s ex-girlfriend Bettley-Smith was on trial for the second time at the moment at Birmingham Crown Court docket after a jury beforehand failed to achieve a verdict.

Former footballer Dalian Atkinson died after 15 August 2016 after meeting police outside his father's home in Meadow Close, Telford, Shropshire.

PC Mary Ellen Bettley-Smith, 32, has been charged with assault involving actual bodily harm following the death of the retired footballer in August 2016.

Former footballer Dalian Atkinson, left, died on 15 August 2016 after assembly police outdoors his father’s residence in Meadow Shut, Telford, Shropshire. Pictured on the precise is PC Mary Ellen Bettley-Smith, who denies an assault cost involving precise bodily hurt.

PC Benjamin Monk was sentenced to eight years in prison after being convicted of manslaughter in a previous trial

PC Benjamin Monk was sentenced to eight years in jail after being convicted of manslaughter in a earlier trial

The court docket had beforehand heard that she acted unlawfully when she hit Atkinson together with her baton “with as a lot drive as she may muster” as he lay on the bottom after being tasered.

She could have acted “out of anger” or as a result of her companion Monk had informed her, “F**king hit him, f**king hit him,” the judges had been informed.

However Bettley-Smith, of the West Mercia Police Division, claims she used cheap drive on the time and acted in self-defense as a result of she believed her life was in peril.

Prosecutor Paul Jarvis mentioned: ‘Dalian Atkinson died after an encounter outdoors his father’s residence with two law enforcement officials, PC Benjamin Monk and PC Ellie Bettley-Smith.

“These officers had been in an intimate relationship on the time.

“I need to first make it clear that it has by no means been the prosecution’s case that Ellie Bettley-Smith was in any method chargeable for the loss of life of Dalian Atkinson.

“Nevertheless it has at all times been the prosecution’s case that she greater than as soon as unlawfully struck Dalian Atkinson together with her baton to the again of his physique whereas he was mendacity on the bottom, inflicting bruises that amounted to precise bodily hurt.

Ellie Bettley-Smith doesn’t deny that she hit Dalian Atkinson, however she maintains that she did so in self-defense, or in protection of Benjamin Monk or others, or to arrest Dalian Atkinson or to forestall him from committing additional offenses. commit.

Former Aston Villa striker Atkinson died after being tasered by PC Benjamin Monk

Former Aston Villa striker Atkinson died after being tasered by PC Benjamin Monk

“Ellie Bettley-Smith says she sincerely believed that Dalian Atkinson posed a risk to her and to Benjamin Monk the second she hit him.”

The court docket heard officers known as round 1:30 a.m. on August 15, 2016, after Atkinson tried to drive his method into his 85-year-old father’s residence.

Atkinson confronted them each as he raged with “I am the f***ing Messiah” earlier than Monk used his stun gun thrice.

The judges had been informed that Atkinson, who was unarmed, fell to the ground the place Monk gave at the very least two kicks to the brow whereas Bettley-Smith hit him with a baton.

The previous ahead from Villa, Sheffield Wednesday and Ipswich City was rushed to the Princess Royal Hospital in Telford, however died after struggling cardiac arrest at 2.54am.

The court docket heard that Atkinson suffered from kidney failure, hypertension and coronary heart illness and “didn’t act” the evening he died.

Mr Jarvis added: ‘His habits was each weird and disturbing and would shortly turn into aggressive.

“The occasions that happened at Meadow Shut within the early hours of August 15, 2016 had been witnessed by numerous individuals residing on the shut.

“Benjamin Monk had his taser with him and three rounds. Ellie Bettley-Smith was not certified to make use of a Taser, however she did have an extendable baton.

“Dalian walked out the entrance door and walked over to the officers. He mentioned, ‘You are going to make me Taser. I’m the Messiah, I’m the Messiah. You may’t damage me’.’

“Various individuals who lived at Meadow Shut knew Dalian as a daily customer to his father’s tackle. It was clear to them that his actions had been very unusual.

The probation officer, known as Ellie, claimed she acted lawfully to protect herself and others.

The probation officer, often known as Ellie, claimed she acted lawfully to guard herself and others.

“It’s totally comprehensible that Benjamin Monk and Ellie Bettley-Smith feared for his or her security at this level.

“Mr. Atkinson was aggressive in the direction of them and so they had the precise, we settle for that, to take steps to subdue him.

“There is no such thing as a query that the discharge of the third Taser cartridge was efficient instantly.

‘Dalian ended up in the course of the street because of a neuromuscular incapacity.

“Various witnesses then noticed Benjamin Monk kick Dalian Atkinson within the head.

“We all know that Benjamin Monk kicked Mr. Atkinson within the brow at the very least twice with sufficient drive to depart the marks of his laces with every kick.

Witnesses additionally noticed Ellie Bettley-Smith take her baton, stick it out and hit Dalian on the physique a number of instances with it.

“Benjamin Monk heard Ellie Bettley-Smith yell ‘F**king hit him, f**king hit him,’ which she did.”

The court docket heard that when colleagues arrived on the scene they noticed Monk resting his foot on Atkinson’s head as he stopped responding and made “gurgling noises.”

Mr Jarvis mentioned: “Later Ellie Bettley-Smith grew to become visibly upset when she discovered that Mr Atkinson had handed away.

“She has been questioned twice by the police concerning the occasions that happened at Meadow Shut.

“In her second interview, she mentioned she hit Mr. Atkinson with as a lot drive as she may.

“The prosecution acknowledges that this should have been a daunting expertise for a probationary officer in Ellie Bettley-Smith’s place.

Dalian Atkinson was clearly a menacing presence whose habits justified Benjamin Monk making an attempt to Taser him.

Prosecutor Paul Jarvis described Mr Atkinson as a “clearly menacing presence” whose habits “justified Benjamin Monk making an attempt to taser him.”

“However when Mr. Atkinson now not posed a risk to the officers, the justification for utilizing drive in opposition to him evaporated.

“It is doubtless that Ellie lashed out at Bettley-Smith, maybe out of anger at Mr. Atkinson’s scaring her.

“Or possibly as a result of Benjamin Monk informed her that as a result of he was indignant himself, however anyway, when she hit him, she did not attempt to defend herself or Benjamin Monk or arrest Mr. Atkinson.

“That is why we are saying these blows had been unlawful.”

The trial was adjourned till Wednesday, when Computer Mary Ellen Bettley-Smith was acquitted after jurors dismissed the prosecution’s claims that she lashed out at Atkinson for his loss of life in anger.

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