Telford police officer jailed for 8 years for the manslaughter of Dalian Atkinson
A Telford police officer has been jailed for eight years for the manslaughter of former footballer Dalian Atkinson.
PC Benjamin Monk was last week found guilty of the manslaughter of Mr Atkinson following a six-week trial at Birmingham Crown Court.
The 48-year-old ex-Aston Villa striker, died at the Princess Royal Hospital after being Tasered by officers outside his father’s home in Meadow Close, Trench on 15 August 2016.
Monk, 43, claimed he was in fear for his life when he fired the taser at Mr Atkinson for 33 seconds and kicked him twice in the head as he lay on the ground.
Jurors at Birmingham Crown Court took more than 18 hours to reach unanimous verdicts on the manslaughter charge. Monk was cleared by jurors of an alternative charge of murder.
The prosecution was brought by the CPS’s Special Crime Division, a unit of expert prosecutors specialising in complex cases.
Forensic pathologists gave evidence that the powerful kicks he received significantly contributed to Mr Atkinson’s death.
Neighbours had called the police in the early hours of 15 August 2016 when they heard Dalian Atkinson kicking his father’s door and shouting. Monk and a colleague, PC Ellen Bettley-Smith were the first on the scene.
The jury was discharged after being unable to reach a verdict on PC Bettley-Smith who was charged with causing actual bodily harm after striking Mr Atkinson with her police baton.
Rosemary Ainslie, head of the CPS Special Crime Division, said:
"From the medical evidence, it was clear that if not for the excessive force used by Benjamin Monk then Dalian Atkinson would not have died when he did.
“Monk forcefully kicked Mr Atkinson at least twice to the head. The force used was unreasonable because it was not necessary to restrain and control Mr Atkinson who was prone on the ground.
“The jury rejected any claim that Mr Atkinson’s death resulted from reasonable self-defence in the line of duty.
“Policing is a difficult job and officers deserve our respect, but they are not exempt from the laws they uphold.”
Monk denied killing Mr Atkinson and said he used proportionate force to bring him under control after he behaved aggressively towards him.
Monk told Mr Atkinson that if he did not stop coming forward he would be tasered. The first two Taser attempts failed but the third was successful.
After tasering Mr Atkinson for 33 seconds, Monk kicked him twice in the head when he was on the ground.
Giving evidence in his defence Monk said when Dalian Atkinson fell onto the road he was conscious and trying to remove the Taser barbs from his chest and attempting to get up. Asked what he did next, Monk said “I kicked him”. He claimed he was aiming the kick at his shoulder.
Two other officers who arrived shortly afterwards recalled seeing Monk with his foot resting on Mr Atkinson’s head. Monk did not dispute doing so but said he had no recollection.
Rosemary Ainslie added: “Monk claimed he had exhausted all other options to control Mr Atkinson before kicking him in the head but admitted in the witness box that he did not make use of his baton or the synthetic pepper spray he carried.
“The expert called by the defence agreed that kicks to the head were not part of police training."
The prosecution argued Monk deliberately exaggerated Mr Atkinson’s size to make him seem more threatening as justification for the excessive use of force. He was in fact shorter and weighed less than Monk. Monk described him as running after him and claimed to be running for his life. The prosecution said Mr Atkinson was walking and at no point was he armed and nor did he touch the officer during the incident.
While giving evidence Monk said he did not think he had activated the Taser for 33 seconds and thought it was closer to five seconds. The prosecution showed that the trigger had been pressed for 33 seconds from data downloaded from the X26 Taser model.
Despite kicking him at least twice PC Monk said he did not intend to harm Dalian Atkinson. He maintained his actions were reasonable and necessary.
Monk was ordered to serve two-thirds of his eight-year sentence before being entitled to release on licence.
IOPC detailed independent investigation
Commenting on the sentencing Independent Office for Police Conduct regional director, Derrick Campbell, said:
“Dalian Atkinson was a much-loved family member, friend and well-respected footballer. Nothing can restore the pain and loss those who loved and knew him will carry with them for life. Our thoughts remain with them at this time.
“PC Benjamin Monk has been held accountable for his actions that night, which tragically ended the life of Dalian Atkinson prematurely.
“This has been an extremely difficult and distressing case for everyone involved.
“The IOPC carried out a thorough and detailed independent investigation which covered complex uses of force and medical issues. We looked at the nature and level of force used, and whether it was in line with national policies and guidelines. We put forward the evidence we found to the Crown Prosecution Service.
“Criminal charges were laid and ultimately the jury have made a decision about the actions of PC Monk. We thank the jury for listening to the evidence carefully throughout this harrowing and lengthy trial.
“There is no doubt police do difficult jobs in difficult circumstances. They are given extraordinary powers to use force, and the way they use force must be reasonable and proportionate.
“The jury’s decision highlights the importance of independent scrutiny when someone dies following police contact. It is the first time in over thirty years in this country that a police officer has been convicted for manslaughter in the course of their duties.
“If someone dies in police custody, or their death may have been caused or contributed to by the police, there will be an investigation carried out or overseen by the IOPC. This provides the public with assurance that the full circumstances have been looked at impartially, that police conduct has been assessed, any sanctions considered and recommendations implemented to address any shortfalls.
“West Mercia Police will now progress the fast track misconduct process.
“The death of any person at the hands of police is a tragedy but for the Black community, recent events in the US and the lived experience of many people make this case particularly raw, and it is important we acknowledge that.
“We know that Black people are five times more likely to be subjected to the use of force and over eight times more likely to be Tasered.
“We know that every negative interaction they have with the police erodes their confidence that the police will protect and serve them. Police need to work hard to restore and maintain this confidence.
“Our independent scrutiny of police use of force will continue. This summer we will be publishing a review of over 100 Taser investigations and our interim report on our progress on a review of race discrimination. Both pieces of work will include recommendations to police forces nationally and look at issues of disproportionality and race.”
West Mercia Police Statement
Assistant Chief Constable Rachel Jones said: “Today Judge Melbourne Inman QC has sentenced PC Ben Monk to eight years for the manslaughter of Dalian Atkinson.
“Dalian’s death devastated all those who knew and loved him, and we acknowledge that no judicial process or outcome will bring back the man they loved. I want to say again to Dalian’s family and friends, I am sincerely sorry for his death and for the tragic circumstances in which he died.
“As I have said previously, we do not underestimate the significant damage this case has done to our relationships with communities and I therefore reiterate our absolute commitment to repairing trust where it has been broken.
“Once again, I extend my sincere apologies and condolences to Dalian’s family and friends.”
