Attorney says surveillance video clears man in Acworth Walmart kidnapping
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Mahendra Patel remains jailed without bond accused of trying to kidnap a child at a Walmart, though surveillance video suggests a different story, his attorney says.

ACWORTH, Ga. — A Cobb County man remains in jail without bond after being accused of trying to kidnap a child inside a Walmart. But his attorney says surveillance video tells a very different story.

Mahendra Patel was arrested after a mother claimed he tried to take her child while she was shopping at the Walmart in Acworth. Patel’s attorney, Ashleigh Merchant, said her client was simply looking for a specific type of Tylenol for his elderly mother and tried to help when he thought a child was falling.

The video, which was shared and edited by Merchant, shows Patel walking through the store, speaking with employees, and briefly interacting with the woman and her two children.

“He was looking for some Tylenol for his mother,” Merchant said. “You don’t see any type of struggle…but you do see an interaction.”

Surveillance video shows Patel speaking with Walmart employees, walking through aisles, and briefly interacting with the woman and her two children. Merchant said the woman ran into a display, and one of the children fell. Patel leaned in, and another man stepped in to help.

“Moments, seconds later, she’s laughing and talking with another gentleman,” Merchant said.

The video also shows Patel calmly paying for his items and leaving while speaking with a store employee. Merchant says this contradicts police claims that he fled the scene.

“I know the police have made statements that he was fleeing the scene and things like that,” she said. “He’s not in any hurry. He’s just walking out, talking with people on his way out.”

Patel told police he touched the child to prevent them from falling. Merchant says there’s no evidence of assault or attempted kidnapping.

“I think that anybody who looks at it with common sense will know that there’s no crime that happened,” she said. 

In a statement, Acworth police said it was “aware” of the partial video released by Merchant and said it wanted to clarify that “our agency has not released any video footage or additional information related to the case.”

“This remains an open and ongoing investigation. At this time, we are limited in the details we can provide in order to preserve the integrity of the case,” the department said. “We appreciate the community’s understanding and cooperation as we continue our investigation.”

Meanwhile, Patel has been in jail for three weeks and has not been granted bond. Merchant said she has not been allowed to speak with the woman who made the claims against Patel because the state filed a Marcy’s Law notice, which gives victims the right to refuse contact with the defense.

Patel’s next court date is set for May 6. 

Watch the edited video, that Merchant provided, which also included captions, below11Alive has requested the full video to review.

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