A former police officer has been found not guilty of assaulting an autistic man after striking his head with a baton during an arrest. Shaun Elliott, 56, who was a serving Derbyshire Police constable at the time, was cleared of assault occasioning actual bodily harm at Derby Crown Court on Thursday after telling jurors he had a "lawful purpose" to strike Kian Green in the back of a police van outside Buxton Police Station on 30 December 2022.
Elliott said he was trying to "neutralise the threat" from Green, who he thought was going to bite his colleague at the police station. After the verdict, Judge Martin Hurst told Elliott: "You are acquitted, that is the end of the matter. It can't come back in any circumstances, and I hope you enjoy the rest of your retirement."
Footage released by the Independent Office for Police Conduct (IOPC) during the trial showed the arrest in the back of the van, and Elliott striking Green with his baton. Green, who jurors heard has autism, cerebral palsy and asthma, was apprehended after he went to the police station for help with a letter he had received.
He was arrested after officers carried out checks on their systems and he grew upset, requesting a phone call to his mother before officers attempted to handcuff him. Elliott, of Ashbourne in Derbyshire, was not told why Green was being arrested, the court heard.
What did Elliott tell the court?
Asked by defence barrister Adam King whether he felt angry or annoyed by Green when he arrived at the police station, Elliott said: "Not in any way, shape or form." Asked what his priority was, Elliott said: "[The] safety of my colleagues, safety of myself and the safety of Kian.
"We have a duty of care to him and we don't want him to hurt himself." He added: "My lawful purpose was to stop the attack that was ongoing by Green. Ultimately, I succeeded - I got control and [got] him to safety."
What did bodyworn footage show?
Bodyworn camera footage captured Green as he fell to the ground as several officers helped restrain him. He then banged his head against the base of the reception desk and called out for his inhaler before one officer provided it.
He was carried into a police van after it was brought to the front of the station, the court had heard. The jury was shown footage of other officers closing the van doors, leaving Elliott and a colleague inside. At that point, Elliott extended his baton and raised it above his head.
The footage showed blood beginning to run down Green's face as he repeatedly shouted: "I want to go home." Officers then administered first aid and applied a bandage to a wound above his left eye.
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PC says he had 'lawful purpose' to hit autistic man
Officer hit autistic man with baton, court hears
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