PC Mary Ellen Bettley-Smith was last year cleared of assaulting former Aston Villa striker Dalian Atkinson after a trial - but the Independent Office for Police Conduct (IOPC) found there was a gross misconduct disciplinary case to answer for her use of force.
A police officer is to keep her job despite being found guilty of gross misconduct for using excessive force after she repeatedly struck former Aston Villa player Dalian Atkinson with a baton.
A disciplinary panel found on Friday that PC Mary Ellen Bettley-Smith, a West Mercia officer, acted wrongly when she struck Mr Atkinson three times during an incident on 15 August, 2016, after which the former footballer later died. Despite being found guilty, PC Bettley-Smith will keep her job in the police force, the panel also ruled.Mr Atkinson died after being kicked at least twice in the head by PC Bettley-Smith's more experienced colleague, PC Benjamin Monk, outside his father's home in Telford, Shropshire.
The ex-footballer had been tasered to the ground before he was kicked and then PC Bettley-Smith used her police-issue baton claiming she"perceived" he was trying to get up.The tribunal found three initial strikes before Monk kicked Mr Atkinson were"lawful", but it found PC Bettley-Smith's decision to then hit him a further three times - after police back-up had arrived - was"unnecessary, disproportionate and unreasonable".
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