‘Assault would not have happened to a skinny white grandfather’

Sherrod said although the police officer who assaulted Patel may not have done so out of hatred towards Indians, there were “racial challenges”. “I don’t see this as a racial attack per se. But it probably would not have happened to a skinny white grandfather. Even if he didn’t speak English. I think the officers just saw he had no status. The fact that he couldn’t speak English and didn’t fit in the local community made them feel they could get away with it. If it is someone of status then you are afraid of doing it,” he said.

Patel, who recently went to the US to assist his son and daughter-in-law in caring for their 17-month-old child, was stopped by two police officers while on morning walk on February 6.

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A video released by Madison City Police shows the officers approaching Patel and asking him questions — like name, address and identity card. Patel is heard saying “no English” and pointing towards his son’s home. Soon one of the officers, later identified as Eric Parker, throws Patel on the ground without any provocation. The fall left Patel partially paralysed.

Parker, who on Friday turned himself in, faces charges of third-degree assault on Patel. He was let go later on a bond of $1,000.

At a press conference, Madison City Police chief Larry Muncey said he also recommended that Parker be fired. He apologised to Patel and his family and said the FBI will also be conducting a parallel inquiry into the matter to see if any federal law was violated.

Sherrod, who specialises in Alabama civil law and police misconduct, said he believed that Parker was trying to impress trainee officer Andrew Slaughter who was with him.

Sherrod said the police officers tried to “make up” audio to “justify” use of brute force on Patel. Pointing out to the constant commentary from Parker who warned Patel saying “don’t jerk away from me”, Sherrod said, “The officer knew there was a microphone on him. He was a training officer. He was showing the younger officer, this is how we do it and you need to have audio to justify it. The video makes it amply clear that Patel was not jerking away. They were trying to blame it on him in the press release.”

Sherrod said the video nailed another police lie. “The video shows that Mr Patel did not put his hands in the pocket and pull away, as claimed by the police to justify why he was taken down. That was a blatant lie,” he said, referring to a press statement released by the police initially.

He said it is common for police departments in the US to use brute force and slam people to the ground, but Patel’s grave injuries and the involvement of the Indian Embassy forced them to suspend and arrest officer Parker. “Usually, taking someone down to ground involves no criminal charges. Often, cops use the safety excuse. But may be if Mr Patel was not paralysed and there was no international outrage, it would have been different. The police knew they were lying in the press release. Thankfully the Indian Embassy got involved,” he said. “The power of the Indian people in America was really amazing. I got calls from many Indians saying this could have been their grandfather or their father.”

Sherrod said the case was referred to him by a local lawyer in Huntsville who was first contacted by Patel’s son Chirag. “I got involved in this case because the lawyer in Huntsville who was contacted first called me knowing that I specialise in police misconduct. I was outraged by the police press release putting the blame on Patel. I knew the case needed public attention. It is a powerful but tragic story. The police got shamed internationally and were under fire to release the videos they were withholding along with the names of the officers.” Sherrod said the video will play a crucial role in the case.

THE INCIDENT, FEBRUARY 6

The video released by the Madison Police shows officer Eric Parker and trainee Andrew Slaughter approach Patel, who stops and steps toward them. The audio offers clips of the interaction, mainly just what the officers say.

“What’s going on sir?”

“You what?”

“India.”

“Where you heading?”

“Where?”

“I can’t understand you, sir.”

“Where’s your address?”

“Do you have any ID?”

“India?”

“Do you live here.”

“Sir, sir, come here.”

“Do not jerk away from me again, or I will put you on the ground. Do you understand?”

Eventually, the two officers turn Patel around and have his hands behind his back. As another patrol car pulls up, Parker yanks his arm and slams him into the ground. Patel cannot put out his hands to break his fall, leaving him paralysed.

(Source: al.com)