'Angry' Pc Tasered footballer for 33 seconds then kicked him in the head, court hears

An "angry" police officer caused the death of ex-Aston Villa footballer Dalian Atkinson when he Tasered him for six times longer than the standard practice before kicking him at least twice in the head, a court heard.

Pc Benjamin Monk is standing trial for murder after discharging his Taser for 33 seconds and his West Mercia Police colleague Pc Mary Bettley-Smith is accused of assault for the use of her baton on Atkinson after he had been stunned to the ground.

The pair were in a relationship at the time, it was revealed in court yesterday.

Atkinson - a star for the Birmingham club in the 1990s - visited his father's house in Meadow Close, Telford, at 1.30am on Aug 15, 2016, to discuss a hospital appointment for his kidney disease.

The former footballer had been watching Andy Murray compete in the 2016 Olympic Games before heading to his father's house.

He had smoked a small amount of cannabis, the court heard.

His shouting in the street demanding to be let in awoke some of the neighbours, one of whom was so concerned she called the police.

When Pc Monk, 42, and Pc Bettley-Smith, 31, arrived, Atkinson was behaving in a "bizarre and erratic" manner and was referring to himself as "the Messiah", the jury heard.

A witness saw Atkinson walking away from his father's front door towards the officers with his arms outstretched and his palms open.

As he advanced down the driveway after two failed Taser attempts, Atkinson said: "I told you your thing isn't working. I am the Messiah. You cannot hurt me."

Pc Monk, 42, then attempted to Taser Atkinson a third time. Alexandra Healy QC for the Crown Prosecution Service (CPS) said: "The standard default setting of a Taser is a five second phase, but it is possible to override that by continuing to depress the trigger.

"Pc Monk continued to depress the trigger for over six times the length of a standard phase. The taser was deployed for 33 seconds."

When the former footballer was on the ground, Pc Monk kicked Atkinson in the forehead at least twice, leaving imprints of his laces on the skin, the court heard.

Atkinson's head was "kicked like a football", one witness said, and another witness said she saw 15 kicks.

Another Meadow Close resident heard a male officer shout at a female officer "f---ing hit him", while Atkinson was on the floor, the jury heard.

By the time backup arrived, Atkinson, 48, was already on the ground and an officer saw Pc Monk's foot on top of the star's head or shoulder as he turned onto Meadow Close.

Five officers heard Pc Monk admit to kicking Atkinson. "I had to kick him in the head," they heard him say.

The ambulance arrived at about 1.49am, and an officer waiting for the paramedics heard Pc Monk tell one of the medics: "He may be a bit bloody as I've had to kick him," the Crown told the jury.

Atkinson was loaded into the ambulance with his hands cuffed behind his back because police officers believed he was feigning illness, the court heard. During the six-minute journey to the hospital, the paramedics requested the handcuffs were removed in order to treat their patient, and only then were they removed.

When Atkinson arrived at hospital, he was still breathing, but he then went into cardiac arrest.

He was pronounced dead at 2.44am. Pc Monk and Pc Bettley-Smith drove back to Malinsgate police station in their vehicle after the ambulance had cleared Meadow Close.

A senior officer spoke to them both and they were said to be "very shaken up and said they had been fearful for their lives", the court heard.

The officers told their superior that they had been so scared that they had actually run away from Atkinson before engaging with him.

Pc Bettley-Smith said that the male had been shouting he was the Messiah and that he had killed someone, the court heard.

But the officers did not act in self-defence when they "set upon" Atkinson, the prosecution told the jury at Birmingham Crown Court.

Ms Healy QC said: "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."

Pc Bettley-Smith was also accused of lashing out in anger.

Ms Healy continued: "As far as PC Bettley-Smith is concerned she struck Dalian Atkinson repeatedly with an extended baton whilst he was lying on the ground having been incapacitated by the Taser.

"She was, the prosecution say, not acting in self-defence or in defence of her colleague but was also taking out her anger on a man who had earlier put her in fear with the weapon she had been entrusted with to use lawfully."

Had it not been for the elongated discharge of the third Taser and the kicks to the head, the ex-footballer would've survived, Ms Healy told the jury.

Atkinson had high blood pressure and heart disease as well as end stage renal failure for which he was receiving dialysis.

He had been due to attend the BMI Alexandra Hospital in relation to his kidney disease a few hours after he died. Pc Monk was charged in 2019 with murder and an alternative charge of manslaughter after an inquiry into Atkinson's death.

Pc Monk's West Mercia Police colleague Pc Mary Ellen Bettley-Smith, is charged with actual bodily harm (ABH) assault.

Both deny all charges against them. The trial continues.

Born in Shrewsbury, Atkinson was an exciting centre-forward who made a name for himself at Aston Villa, scoring the first ever Premier League goal of the season in Aston Villa's 1992 win over Wimbledon as well as scoring the opening goal in the side’s 1994 Coca Cola Cup win over Manchester United at Wembley.

He scored 36 goals in 114 appearances for Villa but injury meant his career stalled and in 1995 he moved the Turkish side Fenerbahce.

He also had spells in Saudi Arabia and South Korea before retiring in 1999 and returning to the Midlands where he set up a sports consultancy business.

Live updates from Birmingham Crown Court below.

03:59 PM

End of proceedings

That's the end of proceedings for the first day of the trial.

The prosecution will continue summing up in the morning.

Join us again tomorrow for live updates.

03:26 PM

Atkinson's head injuries explained

Two separate forensic scientists have said that the injuries to Dalian Atkinson's head were consistent with being kicked while his head was off the ground.

This could have been Atkinson attempting to get up off the ground or his body seizing under the use of the Taser, lifting his head.

Pc Monk's boot imprints - the laced area - were visible on Atkinson's forehead, the Crown told the court.

And there were two separate imprints, Ms Healy said, suggesting they were two kicks.

There were also blood stains on the boots that matched the DNA of Dalian Atkinson.

03:11 PM

Officers 'had feared for their lives'

Pc Monk and Pc Bettley-Smith drove back to Malinsgate police station in their vehicle after the ambulance had cleared Meadow Close.

A senior officer spoke to them both and they were said to be "very shaken up and said they had been fearful for their lives", the court heard.

The officers told their superior that they had been so scared that they had actually run away from Atkinson before engaging with him.

Pc Bettley-Smith said that the male had been shouting he was the Messiah and that he had killed someone, the court heard.

Ten minutes after their arrival at the police station the news was received that Dalian Atkinson had died.

02:48 PM

Atkinson loaded into ambulance with handcuffs on because officers thought he was 'feigning illness'

Dalian Atkinson was loaded into the ambulance with his hands cuffed behind his back because police officers believed he was feigning illness, the court heard.

During the six-minute journey to the hospital, the paramedics requested the handcuffs were removed in order to treat their patient.

Officers then removed the handcuffs.

When Atkinson arrived at hospital, he was still breathing, but he then went into cardiac arrest.

He was pronounced dead at 2.44am.

02:43 PM

'He may be a bit bloody as I've had to kick him'

Pc Monk admitted to several officers that he did kick Dalian Atkinson in the head, the court heard.

Ms Healy told the court that five police officers who had all since arrived at Meadow Close in Telford heard Pc Monk say: "I had to kick him in the head."

The ambulance arrived at about 1.49am, and an officer waiting for the paramedics heard Pc Monk tell one of the medics: "He may be a bit bloody as I've had to kick him," the Crown told the jury.

02:32 PM

Pc Monk's radio messages revealed in court

Following on from his colleague's earlier call for backup, Pc Monk's messages were also recorded.

These were after his third Taser discharge:

• 1.41am: "I've got him down. I've got him down."

After the control room operator confirmed having received that message, PC Monk transmitted again.

• 1.42am: "Keep them coming"

02:25 PM

'You can't hurt me, I am the Messiah'

The Crown Prosecution Service's Alexandra Healy QC relayed the account of Jean Jeffrey-Shaw, who saw Atkinson walking away from the front door his father towards the officers with his arms outstretched and his palms open.

This was after two failed Taser discharges.

Atkinson was heard saying: "You can't hurt me, I am the Messiah."

Atkinson then advanced down the driveway, resting his head on a post and crossing his arms.

He then said: "I told you your thing isn't working. I am the Messiah. You cannot hurt me," according to the witness.

Ms Jeffrey-Shaw said that she then heard the male officer say: "I am not going to tell you anymore, keep back. Go back."

02:19 PM

'F---ing hit him', male officer told colleague

Another Meadow Close resident - Lisa Howard - heard a male officer shout at a female officer to hit Dalian Atkinson while he was on the floor, the jury heard.

Ms Healy told the court: "The female officer flicked something in her right hand and she heard a snapping sound. She saw a baton in her right hand. She heard the male officer say 'F---ing hit him, f---ing hit him'.

"She saw the female officer raise her right arm and bring it down towards the ground two to three times."

02:15 PM

Witness saw officer kick Atkinson 15 times, court hears

Another witness, Julia Shilton, said she saw three or four "quite ferocious kicks" after Atkinson had not responded to officers' requests for him to get on the floor.

The Crown said that the kicks Ms Shilton saw were "the sort of kicks you would see in a fight when people are really going for each other"

"She thought the kicks were intended to prevent the man from getting back up again, although, she said, the man was still," Ms Healy said.

The trial will also hear from Paula Quinn.

She thought Pc Monk kicked Atkinson 15 times at full force.

02:07 PM

Atkinson's head 'kicked like a football'

Mr Swimbourne saw the officer pull his right foot all the way back and give the Atkinson a "final massive and powerful kick using the toe of his right foot as the male lay motionless on the floor" as if he was kicking a football upfield, the court heard.

Atkinson's head was seen "snapping back" due to the force of the kick, the jury heard.

Ms Healy told Birmingham Crown Court: "The female officer at the same time was striking the man with her extendable baton. She hit him three times to his left kidney area.

"The black male did not appear to make any movement or any attempt to protect himself from the strikes."

Mr Swimbourne then saw both officers sitting on Atkinson to arrest him as he made "some horrendous noises", the court heard.

He described the noise as a clear breathing difficulty as if he couldn’t get any air into his lungs, the Crown told the jury.

02:02 PM

'This day will go down in history'

Victor Swimbourne of Meadow Close also saw the incident.

Ms Healy told the court: "Then he saw the man [Atkinson] as he walked back along the driveway towards the police officers.

The man was saying “You're scared, aren't ya?” as he walked towards the officers."

The Crown said that Mr Swimbourne heard "the black male" understood to be Atkinson say words to the effect of "You will all remember this day, this day will go down in history.

The Messiah is coming. This is the day of the Messiah."

01:59 PM

'Three or four kicks at full force'

We will now hear from witnesses at Meadow Close who saw the incident.

Melanie Stanton lives directly opposite Ernest Atkinson's father's house.

She described the man she thought was Ernest Atkinson’s son heading towards the two officers and shouting at them.

The prosecutor told the jury that she saw Atkinson fall to the ground after being Tasered before seeing a male officer kick in the direction of his head four times "at full force".

She also saw the female officer had her police baton out and extended and appeared to be striking the man on the floor to his upper body, the court heard.

01:15 PM

What happened at Meadow Close?

Dalian Atkinson was Tasered in Meadow Close, Telford.

He wanted to see his father ahead of a visit to the hospital later on Aug 15, 2016.

Atkinson knocked on his father Ernest's door, demanding to be let in.

Neighbours will give their accounts later in the trial, but setting out the case, Ms Healy QC for the prosecution said one witness said Atkinson had told his father that he had killed his brothers. He had not.

There were also reports he was grabbing his father by the throat whilst claiming to be the Messiah.

Ms Healy told the jury: "Dalian told his father that he was not going to die yet. Ernest had never seen his son like this before. There was then a knock at the door and a voice said 'police'.

"Dalian went to the door, opened it, and went outside. The Dalian had his mobile phone in his hand. He did not have anything else in his hands."

12:57 PM

Officers reacted out of anger, not self-defence, crown say

The officers did not act in self-defence when they "set upon" Atkinson, the prosecution told the jury at Birmingham Crown Court.

Ms Healy QC said: "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."

Pc Bettley-Smith was also accused of lashing out in anger.

Ms Healy continued: "As far as PC Bettley-Smith is concerned she struck Dalian Atkinson repeatedly with an extended baton whilst he was lying on the ground having been incapacitated by the Taser.

"She was, the prosecution say, not acting in self-defence or in defence of her colleague but was also taking out her anger on a man who had earlier put her in fear with the weapon she had been entrusted with to use lawfully."

12:14 PM

The radio calls revealed in court

The radio transmissions of Pc Bettley-Smith on the night were recorded on the night as she waited for backup.

They were read to the jury:

• 1.38am: "We're Tasering the male at the minute. He's attackin - he's approaching us and he's offering violence."

• 1.38am: "Five oh two, (which was the call sign of the vehicle both officers were assisgned to that night) He's been Tasered twice, no reaction. He's still up and standing at the minute."

• 1.39am: "Five oh two, he's currently...erm...smashing the door of the address he's just been in."

• 1.39am: "Five oh two, he's just stood in the doorway at the minute telling us not to move...erm...got Tasers pointed on him at the minute."

• 1.40am: "Five oh two, any ETA? He's approaching us as we speak."

• Pc Bettley-Smith was then told her fellow officers were six minutes away.

• 1.40am: "Try and do the down low as you come in. Don't want to agitate him any further."

• 1.41am: "Erm...he's currently approaching us. We're backing away, the Taser's pointing on him. He's just walking towards us."

12:09 PM

Police officers on trial were in a relationship

The two police officers on trial linked to the death of Dalian Atkinson were in a relationship at the time.

Pc Benjamin Monk, who is charged with murder, and his colleague Pc Mary Ellen Bettley-Smith is accused of ABH.

The prosecution claim she repeatedly hit Atkinson with a baton.

It emerged in Birmingham Crown Court today that they were in a relationship at the time of the incident.

11:57 AM

Atkinson had smoked cannabis and was saying 'I am the Messiah'

The former footballer had been watching Andy Murray compete in the 2016 Olympic Games just hours before he died.

He had been smoking cannabis, the court heard.

Alexandra Healy QC for the prosecution said Atkinson had been acting "bizarre and erratically".

Before going to his father's home, Atkinson had said he was the Messiah and the Messenger, and insisted that after going to the hospital the following day he "would be free".

This behaviour continued when he arrived at Meadow Close, the Crown said.

A neighbour heard the ex-footballer say to the officers: “You're going to Taser me. I’m the Messiah, I’m the Messiah. You cannot hurt me.”

11:49 AM

Dalian Atkinson’s health issues

Despite a successful football career, in more recent years he had had a number of serious health issues, the court heard.

He had high blood pressure and heart disease - hypertrophic cardiomyopathy - a disease in which the heart muscles become abnormally thick, which can make it harder for the heart to pump blood.

He was also suffering from end stage renal failure. He was receiving dialysis and had had an internal jugular line inserted for that purpose.

Atkinkson was due to attend the BMI Alexandra Hospital in relation to his kidney disease a few hours after he died.

11:38 AM

Officer kicked Atkinson twice, leaving imprints on his forehead, court told

When Atkinson was on the ground, Pc Monk kicked Atkinson in the forehead twice, leaving imprints of his laces on the skin.

The CPS told the jury that had it not been for the elongated discharge of the third Taser and the kicks to the head, the ex-footballer would've survived.

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.

11:29 AM

Police officer discharged Taser for 33 seconds

Opening the case, the prosecution say that Dalian Atkinson would not have died had it not been for the actions of Pc Benjamin Monk.

The jury at Birmingham Crown Court heard how the former footballer was acting "erratically" when police responded to a 999 call in Meadow Close in Telford at 1.30am on Aug 15, 2016.

He had attended his father’s address, 22 Meadow Close in Telford, shortly before 1:30 am.

His shouting in the street, demanding to be let in to his father’s house, awoke some of the neighbours, one of whom was so concerned she called the police.

Pc Monk attended alongside Pc Mary Ellen Bettley-Smith. Pc Monk, the more senior officer, attempted three times to fire his Taser at Atkinkson.

The third was "completely effective", the court heard. Addressing the jury, the Crown Prosecution Service (CPS) said: "The standard default setting of a Taser is a five second phase, but it is possible to override that by continuing to depress the trigger.

"Pc Monk continued to depress the trigger for over 6 times the length of a standard phase. The taser was deployed for 33 seconds."