He was sentenced to 43 days in prison and was charged with attempting to kidnap a child at Walmart. His lawyer believes the video shows that he is innocent
Mahendra Patel was looking for Tylenol at Georgia Walmart two months ago when he met a woman with two children — riding the motor vehicle she was driving — and asked her for help looking for medicine.
The woman said what happened next was that Patel grabbed her 2-year-old son from her and pulled the child back. The grand jury later sued Patel for allegations including attempted kidnapping – accusing him of being sentenced to more than 40 days in Cobb County, Georgia.
But Patel has a different explanation, his lawyer said, which was supported by the surveillance video: He just wanted to make sure the boy didn't fall off the scooter, and the lawyer claimed it was just a display cut of a store.
Patel's attorney Ashleigh Merchant told CNN that “the surveillance video is very clear, it's not abduction or attempted kidnapping.”
The businessman said, “No struggle. Nothing like this.”
The businessman believes her client is innocent, partly citing videos she summoned from Wal-Mart and shared with media including CNN.
CNN tried to reach Caroline Miller, the plaintiff, who had previously spoken publicly about the incident. When arriving by phone, a family member told CNN that Miller declined to comment on the case.
Here is what the video shows, what the plaintiff and the authorities say and what Patel’s defense attorney said:
This still image from the surveillance video shows Mahendra Patel reaching out to the motorcycle that Caroline Miller and the two children reach out to the store for the first time. CNN highlights a part of this image. – Merchant Law Firm PC
Main interactive videos
The Akworth Police Department said the incident occurred on March 18, Walmart in the Cobb County city of Akworth, about 30 miles northwest of downtown Atlanta. The security camera footage shows Patel entering the store and eventually encounters Miller on an electric scooter with two children, one on her legs and one at her feet. No audio.
The video shows Patel talking to Miller, usually bringing back the camera. Patel asked her if she knew where Tylenol would be, the merchant and Miller said.
Eventually, Patel seemed to reach towards Miller's knee as the cart moved in front of the display, separating the two aisles as Patel walked beside her. Patel seemed to briefly bring something into his arms and lift it up, but Miller seemed to reach back. The trolley and boy's disposal before Patel touched – including whether the child could fall off and whether the trolley cut anything – because Patel's back masked both of the shot.
The video shows a nearby man standing at the end of the aisle behind Patel and Miller – turned around and looked towards the scooter for a few seconds shortly after Patel touched, but without intervention, he finally turned around. CNN tried to contact this person for comment.
Soon after Miller returned, he saw the child in her lap and Patel walked a few steps away. Miller signaled somewhere far away, Patel walked down the camera in that direction.
Miller described Patel's at his fingertips in March in an interview with CNN member TV station WSB: “When I pointed it in the direction of (Tylenol) in this way, it was that he reached for (He reached for (boy) (boy) and then grabbed him by the knee.”
She said this happened soon. “I thought, 'No, no…what are you doing?' He pulled him,” Miller told WSB. “I'll pull him back. We're tug the boat.”
However, the merchant asserted that the scooter “cut off the corner of the display” and Patel reacted to protect the boy. “He never denied that he was inclined to try to help and make sure the child didn't fall off,” the businessman told CNN.
The merchant said, “No tug of war. This is… a second.” “There is definitely no battery, no attack, there is no such thing as this.”
According to WSB, Miller has not responded to WSB's request for comment last month's request for comment on surveillance videos promoted by businessmen.
The Cobb County District Attorney’s Office declined CNN’s request for comment on the case. CNN seeks comment from the Akworth Police Department.
A few minutes after the first interaction
After Patel walked away, Miller moved her scooter to the aisle where another person was and poured it into the product display, which another camera showed. Miller talked to another man for a few seconds before the other child left the scooter, which moved forward to the child's leg. The man seemed to briefly remove the scooter from the child's leg, and the child returns to the scooter, and Miller eventually leaves.
Patel appeared again behind Miller after a few seconds. Miller looked back at Patel, then looked at the other person, and moved forward. Surveillance video shows Patel chatting with the man for about 15 seconds, and Patel stays away from him and passes by Miller.
About four minutes after Patel's initial encounter with Miller, another video shows Patel walking by the store again, holding something in his hand. According to the merchant, what he found was Tylenol. According to the businessman, Miller made some gestures – including the “thumb” sign – and he walked away.
His lawyer said Walmart's surveillance video captured Mahendra Patel, showing Miller the Tylenol he was looking for after a few minutes of his initial encounter. – Merchant Law Firm PC
Two minutes later, the video showed Miller talking to a Walmart employee. At about the same time, another camera captured what Patel paid for Tylenol.
On the way out of the store, Patel stopped to talk to another Walmart employee. They talked for more than 20 seconds.
Police responded Patel was arrested
Miller told a Walmart employee: “A man asked (ed) her (where) Tylenol was there and when she helped him he tried to catch her child, she quickly grabbed the child,” said part of the incident report collected by the Walmart assistant manager at the store. Walmart provided the report when it was summoned by the merchant, which provided it to CNN.
According to a Walmart report, Miller called police. After some time, Akworth police responded to the store.
“The officer spoke to the mother and witnesses and learned that the suspect was approaching her and asked a question about Tylenol,” Akworth police said in a Facebook press release. “The suspect then caught the teenager and tried to pull the child away from the mother. The mother was able to break in with the teenager and the suspect fled the area. The teenager was not injured at the time of the incident.”
Three days later, Patel was arrested and investigators reviewed security footage and spoke with witnesses.
Walmart declined to comment on the incident itself, but issued a statement saying it was working with the investigation that “customer and assistant security is a top priority.”
“We will continue to work with the police and postpone any other issues to them,” Walmart's statement said.
Without bonds, Patel was sued
According to the businessman, Patel had no possible cause hearing, but the Cobb County District Attorney’s Office brought the case to a grand jury that sued him.
Court documents show that the grand jury sued Patel on April 3 for crimes of attempted kidnapping, simple assault and simple assault.
“He is still in prison because essentially the state disagrees – the district attorney – disagrees with the bonds and we can't be with the judge,” the businessman said.
A bond hearing is scheduled Tuesday, and Patel will remain at the Cobb County Adult Detention Center until at least that.
In a change.
The businessman said Patel's imprisonment was difficult for his family, including his two daughters and mother.
“It's absolutely terrible,” the businessman said. “It's really hard for them because they can't keep up with their business and take care of his elderly mom.”
Nick Valencia of CNN contributed to the report.
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