Cobb County community leaders demand charges be dropped against accused Walmart kidnapper

Accused Walmart kidnapper still in jail despite contradicting video

Mahendra Patel is still in jail for an alleged kidnapping at an Acworth Walmart despite surveillance footage released in April seemingly showing is innocence in the matter. Chair of the Cobb County Democratic Party Essence Johnson is now calling for his immediate release.

ACWORTH, Ga. - The Cobb County Democratic Committee is advocating for the release of Mahendra Patel, a 56-year-old man charged with attempted kidnapping at a Walmart in Acworth. Despite their calls, the Cobb County District Attorney's Office has stated they will proceed with the case.

The backstory:

Patel was arrested after Acworth police alleged he attempted to snatch a toddler from his mother's arms in March.

However, surveillance footage released by Patel's attorney appears to contradict this account.

Video may prove man's innocence

56-year-old Mahendra Patel is charged with Attempted Kidnapping, Simple Battery, and Simple Assault after police say he tried to kidnap a little boy inside a Walmart on Cobb Parkway. Patel’s attorney shared surveillance video from the store that she says shows Patel speaking with the child's mother and attempting to assist her.

The video shows Patel briefly trying to pick up the child, which his attorney claims was an attempt to prevent the child from falling out of a shopping cart.

Patel is then seen calmly showing the mother Tylenol, checking out, and exiting the store.

Cobb County Democratic Party calls for Patel's release

What they're saying:

Essence Johnson, Chair of the Cobb County Democratic Party, argues that the video evidence demonstrates Patel's innocence and is calling for his release, the dropping of charges, and the sealing of his record.

Patel has been held in Cobb County Jail for over 40 days, and an online petition for his release has garnered 39,000 signatures.

Johnson says she and other Democratic Party officials have worked to contact DA Allen about the case but have not received any response. 

"This could be Mr. Patel, could be me, it could be you, it could be anybody," said Johnson. 

She encourages people to attend the bond hearing Tuesday at 11:30 a.m. to show their support for Patel's release.

District Attorney's position in alleged attempted Walmart kidnapping

The other side:

The District Attorney's Office, led by Sonya Allen, maintains that they will not prosecute without a sound legal basis and are committed to upholding the rights of victims and defendants.

FOX 5 reached out to the DA’s office and asked whether they were considering releasing him. 

They sent us back this statement:

"It is neither the policy nor the objective of the Cobb Judicial Circuit District Attorney’s Office to expend valuable taxpayer resources prosecuting individuals without a sound legal basis.

This Office remains firmly committed to upholding the rights of every victim and every defendant, in accordance with the law and the principles of justice.

"In every case, we are guided by the law, the evidence, and our duty to the community," said Cobb Judicial Circuit District Attorney Sonya Allen. 

Consistent with the ethical rules that govern our profession, we are prohibited from publicly discussing the facts of any pending criminal case outside of formal court proceedings.

Mr. Patel has a bond hearing scheduled for Tuesday, May 6.  At that time, the facts and evidence in this matter will be appropriately addressed."