Dalian Atkinson, an ex footballer who was Tasered and then booted twice in the head by a police officer, was cleared of murder but found guilty of manslaughter.
Following a trial at Birmingham Crown Court, jurors took 18 hours and 48 minutes to reach unanimous verdicts on PC Benjamin Monk.
When the officer approached Atkinson, a former Aston Villa, Sheffield Wednesday, and Ipswich Town player, during a call in Telford, Shropshire on August 15, 2016, he stated he feared for his life.
Jurors are still considering on an assault accusation against Monk’s former girlfriend and colleague at West Mercia Police, PC Mary Ellen Bettley-Smith.
Monk, 43, testified in court that he fled in fear after Atkinson, who appeared to be experiencing a mental breakdown, made murder threats and smashed a glass door pane at his childhood home.
After running out of Taser cartridges, Monk said the 48-year-old former Premier League star was trying to get up when he targeted kicks at his shoulder in lawful self-defence as a final choice. Bettley-Smith, 31, has previously denied assaulting someone in the same event.
She was accused of striking Atkinson with a baton while he was Tasered to the ground, according to the court.
During the trial, both Monk and Bettley-Smith stated that they believed Atkinson was still attempting to get back on his feet and posed a threat to them and others.
Monk’s lawyer said that the ex footballer was not immobile on the ground when he was booted twice in the head “as a final resort” after the cop had exhausted all other alternatives.
“I’m the f Messiah – your Taser won’t work,” Mr Atkinson allegedly told the defendant.”
“I’ll take you straight to the gates of hell.”
Defence QC Patrick Gibbs also submitted that the length of a 33-second Taser deployment by Monk was the clearest indication that it was given by mistake “in utter confusion and panic”.
The court was told that a Taser deployment takes five seconds on average.
Prior to the death of Mr Atkinson, who suffered a cardiorespiratory arrest, prosecutors claimed Monk used unlawful and disproportionate force out of anger.
Prior to the death of Mr Atkinson, who suffered a cardiorespiratory arrest, prosecutors claimed Monk used unlawful and disproportionate force out of anger.
He was accused of repeatedly stamping on Mr Atkinson’s head, leaving marks.
The Crown had to establish three elements for Monk to be found guilty of murder: that the officer used unlawful force that resulted in death, and that he meant to kill Mr Atkinson or cause him truly significant harm, according to Judge Melbourne Inman QC.
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