File Photo: Sureshbhai Patel, 57, has been left partially paralysed after a police officer allegedly forced him on ground in Alabama without any provocation.
A US judge declared a mistrial in the case of an American police officer accused of violently assaulting an unarmed 58-year-old Indian grandfather and using excessive force that left him partially paralysed, with the cop now facing a fresh trial.
A panel of 12 jurors yesterday failed to reach a unanimous decision in the trial of officer Eric Parker, a 26-year-old former Madison police officer, that began in the federal courthouse in Huntsville on September 2, forcing a mistrial.
US District Judge Madeline Hughes Haikala repeatedly urged jurors to come to an agreement, but the panel remained deadlocked.
Haikala announced the decision after jurors said three different times that they were unable to reach a unanimous decision.
Prosecutor Robert Posey said Parker would be tried again, the BBC reported.
Parker was charged with violating the civil rights of Sureshbhai Patel in the US state of Alabama in February. He was also charged with using excessive force.
Mr Patel, who had arrived in the US just a day before the incident to assist his son and daughter-in-law in caring for their 17-month-old child, was walking down the sidewalk when he "was violently assaulted by a police official without provocation, and left partially paralysed", the lawsuit said.
Defence lawyer Robert Tuten called the arrest an unfortunate escalation of police tactics, but said it was not a criminal offence.
Mr Patel's arrest, which was filmed, drew international attention. Footage from police cameras showed the grandfather - who speaks no English - approached by police officers who asked him questions like name, address and identity card.
Mr Patel is heard saying "No English" and pointing finger towards his son's home. Soon one of the police officer, later identified as Parker, is seen violently throwing Patel on the ground and threatening him not to leave.
It is at this time it appears Patel was paralysed, apparently by shock.
The US government had expressed condolences to Mr Patel's family but refrained to comment on any diplomatic discussion with India which has taken up the issue with it.
The Governor of the US state of Alabama had apologised for the "unfortunate" use of excessive force by police that left him partially paralysed.