PC Mary Ellen Bettley-Smith, the West Mercia Police officer who repeatedly hit former Blues striker Dalian Atkinson with her baton on the night he was killed by her colleague and partner PC Benjamin Monk, has been found guilty of gross misconduct but won't face the sack.
Bettley-Smith was previously found not guilty of assault occasioning actual bodily harm following an incident in the early hours of Monday 15th August 2016 outside Atkinson’s father Ernest’s house in the Trench area of Telford in which the one-time Blues frontman died, aged 48.
However, the police watchdog called for a gross misconduct hearing, which has taken place over the last four days with the panel deciding excessive force was used.
Bettley-Smith struck Atkinson, who was "in the grip of a psychotic episode”, three times initially, which was viewed as lawful. However, three further strikes were judged "unnecessary, disproportionate and unreasonable in all the circumstances and therefore unlawful”.
Bettley-Smith had claimed she "perceived” the already grounded Atkinson was trying to get up but a number of civilian witnesses said the former frontman wasn’t moving or showing any resistance.
However, the 33-year-old will keep her job, a decision criticised by Atkinson's family.
A statement reads: "Dalian Atkinson’s family welcomes the panel’s decision that the assault on Dalian as he was dying constitutes gross misconduct.
"However, as a probationary officer, having demonstrated such violence and poor judgment, it is very concerning that she was not dismissed immediately this afternoon and that she will be put back on the streets as a serving police officer. This brings the police service into deeper disrepute.”
Elaine Atkinson, the former striker's sister said: "I am disappointed really with the outcome because I did feel that it was serious enough [for her to be sacked].
"His life wasn’t as important and what we have gone through the past six years, and the fact they’re talking about her [Bettley-Smith] being on the rack. At the end of the day, Dalian’s gone and it’s down to those officers.”
Deborah Coles, of human rights charity Inquest, added: "What an insulting and disgraceful outcome. A police officer who strikes a dying man keeping her job tells us everything we know about the broken system for holding police to account.
"The police’s legal defence in this case relied on racist tropes that Dalian was violent and dangerous. We know from the evidence that he was in fact a man in mental health crisis who needed care and protection. Instead, he was dehumanised and faced police violence.”
Monk was found guilty of manslaughter and jailed for eight years in July 2021, having repeatedly Tasered the former Blues striker.
Shrewsbury-born Atkinson joined Town as a youth player having been scouted by legendary Blues talent spotter Ron Gray during Bobby Ferguson’s time as boss.
The frontman made his senior debut in March 1986 and went on to make 56 starts and 13 sub appearances scoring 21 goals before moving to Sheffield Wednesday for £450,000 in July 1989. Aston Villa, Real Sociedad and Fenerbahçe were among his other clubs.