Lawyer says Acworth Walmart kidnapping case is ‘complete misunderstanding’

ATLANTA, Ga. (Atlanta News First) - The attorney for a man accused of trying to kidnap a toddler at an Acworth Walmart is calling the incident a “complete misunderstanding.”

Attorney Ashleigh Merchant is representing 56-year-old Mahendra Patel. He’s facing kidnapping and assault charges after allegedly trying to take a child from a mother’s arms inside a Walmart on Cobb Parkway.

The incident happened March 18, but Merchant says her client was merely trying to help a mother who had her hands full and was riding on a handicapped shopping cart with two kids.

According to an Acworth police report, Patel approached Caroline Miller inside the store and asked for help finding Tylenol.

Merchant said as Miller began standing up from the cart, her client reached out to help hold the child on Miller’s lap.

“This lady was on a handicapped cart and Mr. Patel assumed that she was handicapped, as I think most reasonable people would think,” Merchant said. “She was starting to stand up to show him where the Tylenol was, and she had two young children. He’s worried that one of them might fall from her lap, the one she had in her hands, and then there was another one at her feet. And he reaches to help. As he does that, she pulls back.”

In an interview with Atlanta News First last month, Miller said she and Patel did a “tug of war” over the child for about 10 seconds. She also said she was on the cart because her kids wanted to ride in it.

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“He understands at that point that that’s not something – she didn’t want help – and so he immediately backs off and apologizes,” Merchant said.

The police report says surveillance video captured that interaction between Miller and Patel around 8:20 p.m. After Miller said she was calling her husband, the report says Patel walked away, proceeded to find the Tylenol, purchase it, and left the store about 10 minutes later.

Acworth police have not released the surveillance video. Merchant says she also hasn’t been able to obtain a copy.

“Most people think if you’re trying to snatch a child, that you’re going to snatch and run. You’re not going to try to snatch a child, and then talk to an employee, and then go and look at Tylenol and then purchase Tylenol in your own name,” Merchant said.

Police tracked down Patel days later and arrested him. He was not granted bond during his first court hearing since he’s charged with a felony, but a bond hearing is scheduled for April 15.