Dalian Atkinson: Police officer found guilty of gross misconduct for using excessive force against ex-Aston Villa player
A police officer has been found guilty of gross misconduct for using excessive force after she repeatedly struck former Aston Villa player Dalian Atkinson with a baton, a disciplinary panel has found.
The tribunal found on Friday that PC Mary Ellen Bettley-Smith, a West Mercia officer, acted wrongly when she struck Mr Atkinson three times during an incident on 15 August, 2016, in which the former footballer later died.
PC Mary Ellen Bettley-Smith outside Birmingham Crown Court last September
Mr Atkinson died after being kicked at least twice in the head by PC Bettley-Smith’s more experienced colleague, PC Benjamin Monk, outside his father’s home in Telford, Shropshire.
Mr Atkinson had been tasered to the ground before he was kicked and then PC Bettley-Smith used her police-issue baton claiming she “perceived” he was trying to get up.
Eyewitnesses said the 48-year-old former player was “not moving” and “was not resistant”.
The tribunal found three initial strikes before Monk kicked Mr Atkinson were “lawful”, but it found PC Bettley-Smith’s decision to then hit him a further three times – after police back-up had arrived – was “unnecessary, disproportionate and unreasonable”.
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Benjamin Monk was found guilty of the manslaughter of Dalian Atkinson
Monk was jailed for eight years in 2021 after he was convicted of manslaughter by a jury at Birmingham Crown Court.
His conviction is believed to be the first time in modern British criminal justice history that a UK police officer was found guilty of the manslaughter of a black man, according to Inquest, which supports the bereaved following state-related deaths.
PC Bettley-Smith was last year cleared of assaulting Mr Atkinson after a trial – but the Independent Office for Police Conduct (IOPC) found there was a gross misconduct disciplinary case to answer for her use of force.
Karimulla Khan, chairman of the panel, said on Friday the three baton strikes by PC Bettley-Smith were “unnecessary, disproportionate and unreasonable in all the circumstances and were therefore unlawful”.
The panel is now set to hear evidence on whether the 33-year-old, who was a probationary officer at the time of the incident, should be allowed to keep her job or face a lesser sanction.
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 time of reflection for what happened on that night.”
He said the conduct of the police officer, a University of Hull graduate originally from Staffordshire, “had, until that moment, been admirable” and that her unlawful baton strikes had occurred in the space of a 27-second period.
“This involves a miscalculation in the heat of moment in the degree of force which still now needed to be used,” he added.
A police officer who was driving a van that followed two teenagers shortly before they died in an e-bike crash will not be prosecuted.
The deaths of Harvey Evans, 15, and Kyrees Sullivan, 16, sparked riots in the Ely area of Cardiff in May 2023.
The officer was facing a dangerous driving allegation but prosecutors decided there was not enough evidence for a realistic prospect of conviction.
A Crown Prosecution Service (CPS) statement said: “We fully understand that this will be disappointing news for the families of both boys and will offer a meeting with them to explain our reasoning further.”
Rumours on social media that the teenagers were being pursued by police were initially denied.
South Wales Police said none of its vehicles were in Snowden Road at the time of the crash.
But police watchdog the Independent Office for Police Conduct (IOPC) later confirmed it was investigating after video appeared to show them being followed by a van – without blue lights or a siren – minutes before the incident.
Other footage, however, showed the van turn off and it wasn’t following the boys at the time of the collision.
A key factor under consideration was whether there was any point at which the actions of the officers in the van “constituted a pursuit”.
CCTV showed a police van following the bike moments before it crashed
Read more:
Timeline of events before fatal Cardiff crash
The driver and passenger of the marked police van were previously issued with gross misconduct notices.
A second investigation was also opened by the IOPC into issues including police management of the crash scene and treatment of the families.
Riots broke out in the Ely area after the boys’ death. Pic: PA
Pic: PA
A riot of several hours broke out after the boys’ deaths, with cars set alight and fireworks and other missiles thrown at police.
Eleven officers needed hospital treatment and 31 people were eventually charged.
The decision not to charge the police officer driving the van can be challenged under the victims’ right of review scheme.
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