Dalian Atkinson trial

[Hopadop]

I tell you what, that's a very poorly written piece of work.

Interesting that in effect the judge has decided on the minimum sentence of 8 years within the guidelines for high culpability but adjusted down to six-and-a-half.

He must serve two thirds of the 8 years.

He certainly didn't want to start at 12 years.  He doesn't have to for cases that don't fit neatly in the culpability levels but he's not been particularly clear about how he's reached the final sentence.

It's a bit of a mess, but some cases just don't work comfortably with the guidelines.  He's ended up with a sentence at the higher end of medium culpability which he feels is correct.  On the facts as he describes them I think he's right.

[Lucky Eddie]

https://www.judiciary.uk/judgments/r-v-monk-sentencing-remarks/

That is a tough read and an eye opening reality check.

[Villan For Life]

The other officer is to face a retrial.

[eamonn]

And how long will that take? It's five years next month since poor Dalian died!

[wittonwarrior]

The other officer is to face a retrial.

that's actually good news, I thought she would walk.  As a bystander can see how she is making herself out to be a bit of a Mother Theresa its so transparent.

[Legion]

BBC News - Dalian Atkinson: Police apologise for killing black ex-footballer
https://www.bbc.co.uk/news/uk-59798500

[wittonwarrior]

A forced apology - should have been made immediately after the trial.

[eamonn]

What about his accomplice, Bettley-Smith, will she ever get sentenced for her part in it?

[wittonwarrior]

I googled this today, nothing new since July ! My faults are they are hoping it will go away

[Holte132]

And I suppose lessons have been learnt

[Drummond]

The letter says the right things. The person writing the letter has only come into post since the trial and is attempting to put things right.

[Drummond]

What about his accomplice, Bettley-Smith, will she ever get sentenced for her part in it?

She's currently on retrial for it...

https://www.bbc.co.uk/news/uk-england-shropshire-62893946

[Villan For Life]

She’s been found not guilty

[Drummond]

From BBC.

A police officer has been found not guilty of assaulting an ex-footballer the night he was killed.

Mary Ellen Bettley-Smith was accused of striking Dalian Atkinson with her baton when he posed no threat in August 2016, but claimed she was "very frightened".

Mr Atkinson had been acting out of character outside his father's house in Telford due to ongoing health issues and died after being Tasered by PC Bettley-Smith's partner, Benjamin Monk.

He was jailed for manslaughter in 2021.

At Birmingham Crown Court, jurors heard the two West Mercia Police officers were called to Mr Atkinson's father's home on Meadow Close in Trench late on 15 August.

The former striker, who played for Aston Villa, Sheffield Wednesday and Ipswich Town, was said to have been in a disturbed mental state - likely as a result of a build-up of toxins linked to renal failure.

Dalian Atkinson
IMAGE SOURCE,FAMILY
Image caption,
Dalian Atkinson was in a disturbed mental state at the time he was killed
PC Bettley-Smith, 32, told the court she was "terrified" of the 48-year-old who she said looked "huge" and "very angry".

Monk would go on to deploy three Taser cartridges, but after the first PC Bettley-Smith said "there was literally no reaction" from Mr Atkinson.

Her colleague was jailed last year after being convicted of manslaughter. Mr Atkinson died in hospital about an hour after Monk tasered him and kicked him in the head with enough force to leave imprints of his bootlaces.

PC Bettley-Smith struck him three times with her baton while he was laying on the ground after the final discharge.

Prosecutors argued that PC Bettley-Smith, while not contributing to Mr Atkinson's death, caused him actual bodily harm.

They argued she was "angry" with Mr Atkinson, who they said was laying on the ground and posing no threat however jurors agreed with the defence that the officer had used her baton lawfully as a last resort.

Jurors deliberated for just over three hours before acquitting PC Bettley-Smith.

[Chico Hamilton III]

There’s a fucking surprise. She only battered him with her truncheon 3 times while he was lying on the ground after her boyfriend had kicked his face in…