Former Aston Villa striker, Dalian Atkinson died after being tasered three times and kicked at least twice to the head by an "angry" police officer, a murder trial jury has heard.
On Tuesday,
May 4, the jury at Birmingham Crown Court was told West Mercia Police Constable
Benjamin Monk denies the murder and manslaughter of the 48-year-old former
footballer, who played for a number of clubs, including Aston Villa, Manchester
City, Ipswich Town, and Sheffield Wednesday.
Monk is
alleged to have fired a Taser weapon at Atkinson for 33 seconds, or more than
six times longer than the standard five-second phase, and while he was on the
ground and apparently unresponsive, kicked him in the head twice with such
force the imprint of Monk’s laces were left on Atkinson’s forehead.
Another
officer, PC Mary Ellen Bettley-Smith, is charged with assault causing actual
bodily harm, which she denies. She is alleged to have struck Atkinson with a
baton while he was on the ground.
A jury at
Birmingham crown court heard the prosecutor Alexandra Healy QC open the case
against the 42-year-old officer, who was charged after a three-year inquiry
into Mr. Atkinson's death in 2016 in Telford, Shropshire.
She said
concerned neighbours had called police, with Atkinson shouting and his
behaviour described as bizarre and erratic. Monk had used a Taser stun gun on
Atkinson twice without any obvious effect, and fired the electric stun gun a
third time, which felled the former footballer to the ground in the street
outside his father’s home.
Healy said:
“PC Monk also proceeded to kick Dalian Atkinson. At least two kicks were
delivered by him to Dalian Atkinson’s forehead with enough force to leave the
imprints of the pattern of the laces from the top of his boot on two separate
areas of Mr Atkinson’s forehead.
“A number of
neighbours living in Meadow Close witnessed this attack. Their view was that
once Dalian Atkinson had fallen to the ground he was unresponsive and still. He
was no longer posing any threat to the officers. Nonetheless the two officers
set about him.”
Healy said
Atkinson had underlying health problems including end stage renal failure, and
about 1.30am had gone to his father’s home in Meadow Close and his shouting in
the street had awoken neighbours, who called the police.
The officers
had knocked on the door of Atkinson’s father’s home. Atkinson had answered the
door and claimed to be the messiah.
Healy said:
“On the night of Sunday 14th and early hours of Monday 15th August 2016 Dalian
Atkinson’s behaviour was disturbed and erratic.
“They were
confronted with a man who was clearly acting in a disturbed and erratic way.
They were entitled to use reasonable force to defend themselves or to protect
another.
“The
prosecution do not criticise their conduct prior to the discharge of the third
Taser cartridge.
“However,
when the deployment of the third cartridge was completely effective, causing
Dalian Atkinson to experience neuromuscular incapacitation and fall to the
ground, the prosecution say it was not reasonable to continue to depress the
Taser for 33 seconds.
“In kicking
Dalian Atkinson in the head not once, but on two separate occasions, PC Monk
was not, the prosecution say, acting in self-defence or in defence of another.
He was no doubt angry that he had been put in fear by this man.
“He chose to
take that anger out on Dalian Atkinson by kicking him in the head. PC Monk was
an experienced police officer. His training had taught him and it is obvious
that the head is a sensitive area. In kicking Dalian Atkinson to the head PC
Monk can only have intended to cause really serious injury.”
Healy told
the jury that the former footballer was pronounced dead shortly afterwards: “An
ambulance was called to the scene. Whilst this is a matter of routine when a
Taser has been deployed, Dalian Atkinson had lost consciousness and was
unresponsive before the ambulance arrived.
“Towards the
end of the short ambulance journey to hospital Dalian Atkinson went into
cardiac arrest. Despite the best efforts of the hospital staff who attempted to
resuscitate him, he was pronounced dead at 2.45am.
“The
pathologists and intensive care expert instructed by the prosecution agree that
whilst his underlying health conditions meant that Dalian Atkinson was at a
greatly increased risk of dying, were it not for the third Taser deployment and
the kicks to his head, Dalian Atkinson would not have died that night.”
Monk's
colleague, PC Mary Ellen Bettley-Smith, 31, is also facing trial charged with
assault. She has pleaded not guilty to a charge alleging she assaulted Mr
Atkinson occasioning actual bodily harm before his death on August 15, 2016.
Addressing
Bettley-Smith's alleged role, Ms Healy claimed the younger officer had struck
Mr. Atkinson, whilst he was lying on the ground, a number of times with her
baton.
The
prosecutor added of Monk: "In kicking Dalian Atkinson in the head not
once, but on two separate occasions, PC Monk was not, the prosecution say,
acting in self-defence or in defence of another.
"He was
no doubt angry that he had been put in fear by this man. He chose to take that
anger out on Dalian Atkinson by kicking him in the head.
"His
training will have taught him, and it is obvious, that the head is a sensitive
area. In kicking Dalian Atkinson to the head PC Monk can only, the prosecution
say, have only intended to cause really serious injury."
The trial of
the two police officers is being heard before a jury of 12 people with two
alternates, and presided over by the recorder of Birmingham, Judge Melbourne
Inman.
Atkinson
achieved fame as a striker for Aston Villa football club, which is based in
Birmingham. He retired from football in 2001.
The trial
continues.
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