BY VEENA RAO
Acworth, Georgia, May 6, 2025: In a ruling that followed intense media and public scrutiny, Cobb County Superior Court Judge Greg Poole granted a $10,000 bond to Mahendra Patel after a hearing today. Patel was incarcerated for over 49 days at the Cobb County Jail on charges of attempted kidnapping of a child at a local Walmart.
Patel was arrested on March 21 after an incident involving a child at Walmart. According to his defense attorney, video surveillance contradicts the police’s claim that Patel fled the store after the alleged incident. Ashleigh Merchant said Patel remained inside Walmart for eight to ten minutes after the encounter, speaking to several employees, using his debit card at checkout, and calmly leaving the store.
Merchant argued that Patel did not intend to harm or abduct the child, but rather leaned in to assist a disabled mother with her two children in finding Tylenol. She noted that Patel immediately backed off when the mother, Caroline Miller, made it clear she didn’t want help. She also said two witnesses interviewed by the defense—a Walmart employee and another customer—confirmed they did not witness any attempted kidnapping or assault.
According to Merchant, Patel interacted with at least three Walmart employees during this time, passed the complainant, Ms. Miller, three times, and even used his debit card at checkout. He then stood at the door and spoke to another employee for over 30 seconds. Merchant played a compilation of surveillance videos in court to support her claim, emphasizing that the footage contradicts the state’s assertion that Patel attempted to flee the scene.
“This is a bond hearing, and the state has alleged Mr. Patel fled the scene,” Merchant told the court. “The video is highly relevant because it shows he did not. He remained in the store, cooperative and calm.”
Merchant pushed back against objections from the state, which argued the video was irrelevant at this stage of the proceedings. The judge ultimately overruled the objection, acknowledging that the footage could be pertinent in assessing whether Patel poses a flight risk.
She also addressed Patel’s criminal history, which she expected the State to raise. Patel has a prior conviction from a 2006 federal white-collar conspiracy case, classified as a Class C felony. Merchant detailed that Patel, then an engineer, had entered a sales agreement involving a commission if a company secured an IT contract with a public school system. He later received a commission in 2008, and those acts formed the basis for the conspiracy charge. Merchant noted that Patel cooperated with federal authorities, helping them convict the primary defendant, and went beyond legal requirements by repaying not only his own earnings but those of his co-defendant. He was granted leniency, pled to the least serious federal felony, and had his probation terminated early.
In 2020, Patel was convicted of reckless driving. Merchant said he fulfilled all court-imposed conditions so effectively that his probation was also terminated early. Additionally, Patel has a pending 2005 DUI less-safe charge involving no chemical test. He was arrested based on the smell of alcohol and bloodshot eyes but has not been convicted and remains out on bond. Merchant pointed out that the complainant in this case, Ms. Miller, has a DUI conviction, whereas Patel does not.
“These past cases demonstrate Mr. Patel’s compliance with court orders and his commitment to fulfilling legal obligations,” Merchant said, adding that his record shows no pattern of dangerous behavior that would justify denying bond.
Merchant concluded by emphasizing Patel’s age, family responsibilities, and lack of risk to the public. “He is not a threat, he is not a flight risk, and the video makes it clear—this was not an abduction,” she stated.
Assistant District Attorney Jesse Evans, representing the prosecution, argued against Patel’s release, citing his previous arrests for fraud and DUI, and the seriousness of the charges.
“To clarify, the defendant is not entitled to bond as a matter of right. It is entirely at the court’s discretion whether to grant bond,” he said. “However, the court is not required to grant it, and the defendant’s bond status was initially set at ‘no bond” by a magistrate judge based on the sufficiency of the evidence at the warrant stage.”
He also discussed Patel’s previous arrests, including a conviction for conspiracy to defraud the United States. “He served federal prison time and was later placed on probation. He has also been convicted of DUI and reckless driving offenses, with an outstanding pending case from the Kennesaw Police Department,” he said.
However, Judge Poole decided to grant bond, saying Patel has strong ties to the community, including owning property, being retired, and being involved in organizations like the Kiwanis Club. The judge also noted Patel’s family ties and concluded that he was not a flight risk or danger to the community.
Judge Poole added that there were no violent crimes or offenses related to sexual assault in his history. He also pointed out that the video evidence presented in court showed that Patel stayed at the scene, which suggested he wasn’t trying to run away.
As part of the bond conditions, Patel is not allowed to use drugs or alcohol and cannot contact the alleged victim or her family, or visit Walmart.
Defense attorney Ashleigh Merchant also requested that Patel be allowed to take an international trip in August with his family. The judge agreed, reiterating that he didn’t consider Patel a flight risk.
The Defense argued that there was no proof Patel was intoxicated or behaving criminally during the incident. She also criticized how the prosecution handled the case, particularly their access to evidence and the credibility of their arguments.
The judge decided not to require Patel to undergo alcohol evaluation or treatment at this time but warned that any future alcohol-related problems could lead to further legal action.
On May 5, the Cobb County Democratic committee demanded that Cobb County District Attorney Sonya Allen dismiss all charges, seal Patel’s record, and launch an independent investigation into both the Acworth Police Department’s handling of the case and the DA’s office’s lack of action. They are also calling for criminal charges against Caroline Miller for allegedly making a false report.
The defense attorney mentioned in court today that Patel also had the support of the Cobb County Republicans.
