A former Derbyshire Police constable is on trial for assault occasioning actual bodily harm after allegedly striking a vulnerable man with cerebral palsy on the head with his baton, causing him to bleed. The incident occurred in December 2022 when Shaun Elliott, 56, is accused of hitting Kian Green with the extendable baton during an arrest.
According to prosecutor Philip Cowburn, the incident lasted approximately four seconds and caused Mr. Green, who has been diagnosed with autism, cerebral palsy, and asthma, "observable terror." Jurors heard that Mr. Green had gone to the Buxton police station seeking help with a letter he had received.
Another officer decided Mr. Green should be arrested after reviewing information on the police computer. During the arrest process, Mr. Green informed officers he had cerebral palsy, which affected his ability to stand and move. While being handcuffed, Mr. Green became increasingly distressed. He attempted to use his inhaler, but officers reportedly pushed it away.
Elliott, who was a serving officer at the time, arrived at the scene and, without inquiring about the situation, allegedly told Mr. Green to "stop being silly" and behave, or he would be "dragged backwards." Mr. Green began shouting about not being able to straighten his leg, and Elliott allegedly stood watching before deploying his baton.
"The defendant takes out his extendable baton, moves it towards Kian Green's hands and then raises it. Kian Green started to scream," Cowburn told the jury. The prosecutor stated that Elliott then struck Mr. Green on the head, causing him to bleed. Following the strike, Elliott accused Mr. Green of biting a colleague, an assertion the prosecution claims did not happen. Body-worn camera footage played to the jury showed Mr. Green shouting inside a police van with blood on his face.
Cowburn argued that there was no need for Elliott to use the baton and that opportunities to de-escalate the situation were missed. He emphasized that while officers are entrusted to carry weapons, they are not permitted to use them on vulnerable individuals in their care. Elliott, who no longer works for the police, denies the assault charge. The trial is expected to last three days.