Acworth Walmart alleged kidnapping attempt: Suspect released from jail

A Cobb County man charged with attempted kidnapping appeared in court Tuesday morning, where a judge considered whether he should be granted bond.

What we know:

The hearing for 56-year-old Mahendra Patel began at 11:30 a.m. Patel was arrested in March after Acworth police said he tried to take a toddler from the child’s mother while inside a Walmart store.

However, Patel’s attorney disputes the allegations and has released surveillance video she claims shows her client did not commit a crime. She argues the footage proves his innocence.

Despite the defense’s claims, the Cobb County District Attorney’s Office says the case is moving forward based on what it described as a sound legal foundation.

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What happened:

After hearing from Patel's attorney, Ashleigh Merchant, and the district attorney's office, the judge granted bond in the amount of $10,000.

Patel's attorney and the DA's office both argued extensively for and against bond and the video of the encounter between Patel and the alleged victim(s) was shown in court.

"The incident, the alleged incident, is happening right now," Merchant said as the video played. "I'm flipping back and forth so you can see both views. That's the alleged incident right there."

"When you zoom in, you can see the defendant grabbing this two-year-old child," prosecutor Jesse Evans told the court. 

Ultimately, the judge said that Patel deserved bond and there was nothing on the video that made him believe that Patel would not appear for future court dates. The judge even approved an upcoming international trip, saying if he believed Patel was a flight risk, he would have never let him out of jail.

Bond conditions include no drugs or alcohol, no contact with the victim or family, and 

According to Patel's attorney, approximately 350 people, some of them from India, attended the hearing for Patel. 

What they're saying:

Upon his release, Patel told reporters, "I'm so happy to be out."

The 57-year-old man was released just a few hours after being granted bond. 

"I can not even dream about someone alleging of me doing this. It was a shocker," Patel said. 

Patel says he was simply trying to help Miller, whom he assumed was handicapped because she was riding with her children on a motorized scooter inside Walmart when the incident happened. 

"I hope that ultimately the right thing is done," Merchant said after Patel's release. 

The backstory:

The incident happened on March 18 at the Walmart located at 3105 Cobb Parkway. According to investigators, 56-year-old Mahendra Patel approached a mother in the store and asked her about Tylenol. Witnesses told police that Patel then grabbed her child.

The mother was able to safely pull her child away, and Patel fled the store, authorities said.

Using store surveillance footage and FLOCK camera technology, detectives identified Patel and arrested him three days later. He is being held without bond at the Cobb County Sheriff’s Office.

Patel was charged with kidnapping, simple assault and simple battery.

"I don't know that anyone who watched that video can reasonably say that was an attempted kidnapping. It was a misunderstanding at best," supporter Dr. pain Chheda told FOX 5 Atlanta. 

What's next:

At this time, a trial date has not been scheduled. 

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