Prosecutors are to consider if two police constables should face criminal charges over the former footballer Dalian Atkinson, who died after a clash with officers.
The clash saw Atkinson shot with a Taser, physically restrained and the officers use other force.
Key issues for prosecutors to consider may revolve around the nature and level of force used by the officers.
The Independent Office for Police Conduct (IOPC) said a fresh medical report is awaited and it is understood it is to help the Crown Prosecution Service (CPS) decide what, if any, is the link is between Atkinson’s death and the force used. The IOPC said: “At the request of the CPS, an expert report from a further pathologist is awaited to assist them with their consideration.” The officers are understood to deny any wrongdoing.
Atkinson, who played for Aston Villa and Manchester City, died in 2016 following an incident involving police outside his father’s home in Telford, Shropshire. He was 48.
The IOPC said the two officers were involved in detaining Atkinson. A third officer was also interviewed but has not been referred to the CPS.
An IOPC spokesperson said: “The referral marks the end of the IOPC investigation during which three West Mercia police officers were interviewed twice under criminal caution and served with gross misconduct notices. The actions of the third officer have not been referred.
“The police constables had attended the incident and were involved in detaining Mr Atkinson outside the address prior to him being taken to hospital by ambulance. Mr Atkinson died at the Princess Royal hospital in Telford on 15 August 2016.
“The investigation gathered evidence which indicates that police contact with Mr Atkinson involved the use of a Taser, followed by a period of restraint and other uses of force.”
Derrick Campbell, an IOPC regional director, said: “On the basis of the evidence gathered I have decided to refer the matter to the CPS to consider any potential criminal charges over the interaction two police officers had with Dalian Atkinson.
“This has been a lengthy and complex investigation and I am grateful for the patience shown by all concerned. We have kept West Mercia police, Dalian’s family, and HM coroner informed during the course of the investigation.”
The IOPC investigation report has also been sent to West Mercia police to help determine whether or not disciplinary proceedings should follow.
A referral to the CPS is made when the IOPC investigation indicates that a criminal offence may have been committed. It does not mean that criminal charges will necessarily follow. The CPS will decide whether charges should be brought.
In 1992 Atkinson was one of the stars of the Aston Villa team that came second in the Premier League’s inaugural season, during which he scored Match of the Day’s goal of the season.
His career began at Ipswich Town and he played for Sheffield Wednesday and the Spanish side Real Sociedad before moving to Villa. He retired from professional football at the age of 33 in 2001.
Last year the Guardian revealed there had been a delay over whether a file should be passed on to the CPS because of concerns that postmortem tests may have been compromised.
The key issues following the IOPC investigation for lawyers at the CPS to decide include: do they have enough evidence to show the force used by the officers was incompatible with self defence as they dealt with Atkinson, or was it proportionate given their honestly held belief of the threat they faced. Secondly, is the issue of “causation” and whether the force used caused or contributed to his death.
Atkinson’s family said on Thursday: “It’s been a long, frustrating and difficult process over the last two years, watching the investigation take its course and awaiting answers as to how our brother died. We still don’t know all the details even now, and look forward to the time when everything is in the public domain.
“We are pleased to hear today that the IOPC has referred the case to the CPS for criminal charges to be considered and has recommended disciplinary charges. This is a huge step closer to getting justice for Dalian.”
Deborah Coles, director of the charity Inquest, said: “The death of Dalian Atkinson following use of force and Taser by police raises serious concerns of significant public interest. This is an important and welcome referral. The CPS must expedite their decision-making process and be swift in any charging decisions that should follow.”
A pre-inquest review is due to take place in Shrewsbury in the new year.
