The Jury on the Dalian Atkinson trial have been dismissed. They have been unable to reach a verdict on the female officers fate.
PC Mary Ellen Betteley-Smith stands accused of assault “occasioning actual bodily harm”. She is on trial at Birmingham Crown Court, yet the jury has failed to agree on a verdict.
Betteley-Smith is reputing assaulting the former Premier league star. Jurors deliberated for over twenty one hours but, after a discussion with the foreman, told the judge they are unable to make a decision. Even if given more time, they would not be able to make a decision on whether to charge Betteley-Smith for using unlawful force.
The confusion lies on whether Mrs Betteley-Smith was fearful of her life during the event. However, prosecutors accuse her of exaggerating the threat in order to protect her partner.
Her partner, Benjamin Monk, is guilty of manslaughter. His conviction came after a jury heard he tasered Aston Villa player Dalian Atkinson for 33 seconds. In addition to tasering him for six times the normal cycle, he also kicked the player twice in the head.
His jurors took less than 18 hours to convict him of the manslaughter of Dalian Atkinson. They cleared him of murder.
Was the death of Dalian Atkinson due to fear?
Dalian Atkinson, 48, had been shouting in the streets in the early hours of August 15th 2016. He banged on the door of his father, demanding to be let in.
In his first inerview with the court, Monk describes hearing a pleading voice and then a loud, booming voice. He describes Atkinson as “massive” when coming towards him. Describing himself as “completely and utterly taken aback” at the sheer size of him. Investigation has found this could be, in part, because he stood on a step.
After Atkinson came towards him, his face “contorted in one of complete and utter rage”, before PC Monk reached for his gun.
PC Benjamin Monk says “his brain stopped working” when he began tasering Atkinson. He tells investigators that he was terrified at the situation, and is unaware of when he took his finger off of the trigger.
After the tasering, Mr Atkinson was kicked in the head twice as he tried to get up. On describing the situation, PC Monk says he was “very, very obviously trying to get up” before he was kicked.
PC Monk is the first officer in 25 years to be convicted of unlawful killing over a death in custody.
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