A Midlands police officer who struck an autistic man on the head with a baton has been acquitted by a jury. Shaun Elliott, 56, a former Derbyshire Police constable, was cleared of assault occasioning actual bodily harm at Derby Crown Court on Thursday, August 6.
Incident at Buxton Police Station
The incident occurred on December 30, 2022, at Buxton police station. Kian Green, who has autism, cerebral palsy, and asthma, attended voluntarily seeking help with a letter. However, an officer decided to arrest him based on information from a police computer. Mr Green became agitated and ended up on the floor. Elliott was not informed of the reason for the arrest.
During the trial, prosecutor Philip Cowburn described Mr Green's 'observable terror' and argued there was 'no need' for the baton strike. Elliott, however, testified that he believed Mr Green was about to bite his colleague, Pc Neil Palmer, who was conducting a search. He said: "My sole aim with the strike was to neutralise the threat and get Neil’s hand free. Unfortunately, the only target area was to the forehead."
Career After the Incident
Following the 2022 incident, Elliott served for another three-and-a-half years in non-public facing duties before retiring. He was a serving constable at the time of the incident. The jury of three men and nine women returned a not guilty verdict after considering the evidence.
IOPC Investigation and Disciplinary Action
An Independent Office for Police Conduct (IOPC) spokesperson said: "It is a vital part of policing by consent that officers are held accountable for their actions, through the courts where appropriate. We thank the jury for their careful consideration of the evidence." The IOPC had completed its investigation in November 2023 and sent a file to the Crown Prosecution Service (CPS), which authorised the charge.
In a separate matter, Elliott was charged with assault by beating over an incident at a petrol station in Buxton on January 4, 2023, during which a 15-year-old boy was allegedly tasered. That charge was discontinued by the CPS in November 2023. The IOPC also found that Elliott had a case to answer for gross misconduct for alleged breaches of professional behaviour regarding use of force in both cases.
Now that criminal proceedings have concluded, the IOPC will liaise with Derbyshire Constabulary to progress disciplinary proceedings.
