Charges have been dismissed against a man who was facing attempted kidnapping and other charges after a mother accused him of trying to grab her 2-year-old son from her at a Georgia Walmart, court records show.
Mahendra Patel encountered 26-year-old Caroline Miller with her two children riding a motorized cart she was driving in the March 18 incident at a Walmart in the city of Acworth, about 30 miles northwest of downtown Atlanta. He asked her for help to find Tylenol, his lawyer says. Miller alleged Patel then grabbed her 2-year-old son from her, but that she pulled the child back.
Patel’s lawyer, however, says surveillance videos prove he was just trying to make sure the boy didn’t fall from the scooter, which they said had just clipped a store display.
Patel was held in a Cobb County jail for 45 days after he was indicted on April 3 by a grand jury on charges of criminal attempt to commit kidnapping, simple assault and simple battery.
He was released on a $10,000 bond in early May after his lawyer, Ashleigh Merchant, presented her case as to why he should be released by showing the judge a compilation of security footage she subpoenaed from Walmart and shared with media outlets, including CNN.
It was the security footage that drew public attention to the case and prompted over 90,000 people to sign a petition declaring his innocence and calling for his release.
The footage is somewhat grainy and Patel’s back obscures part of what is happening in his encounter with Miller. About six minutes later, video shows Patel paying for his purchase and walking out the door after pausing to speak with an employee for more than 20 seconds.
While Merchant said Patel was just trying to make sure the boy didn’t fall from a scooter his mother was riding on with him in her lap, prosecutors argued the video shows he grabbed the child and fled after the incident.
The state agreed to enter a motion to dismiss the case and drop the charges on Wednesday, according to court records.
Patel spoke with CNN affiliate WXIA after the court hearing, saying: “I feel relieved to be honest with you. This thing was hanging over my head for a long time and our family went through a lot of hell. You know, we went through this, but today is a day of celebration and I’m thankful that I’m out.”
CNN has contacted the Cobb County District Attorney’s Office for comment.
“The only reason this case was resolved in our favor was because we were able to obtain the video proving our client was innocent from Walmart,” Merchant said in a statement to CNN.
“Our system needs to be aware that innocent people are falsely accused on a daily basis and without police willing to investigate before rushing to judgement, judge’s willing to release people on bond while awaiting an investigation, and prosecutors willing to provide transparency with evidence, this will continue to happen,” the attorney continued.
CNN has attempted to reach the accuser, Caroline Miller, who previously has spoken publicly about the incident, for comment. A family member previously told CNN that Miller declined to comment on the case.
CNN’s Chris Boyette and Jason Morris contributed to this report.
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