Chirag Patel and his father Sureshbhai Patel (Sarah Cole/scole@al.com)
Sureshbhai Patel can once again hold a spoon in his right hand. He can inch his way down the hall with a walker, but the left leg drags behind.
"He is motivated and working really hard to get better," said his son, Chirag Patel, during a rare interview this morning. "On the right side we are seeing more improvements than on the left."
It will be another six months before the family knows the extent of paralysis or permanent injury from his encounter with a Madison police officer.
The FBI last month charged the officer, Eric Parker, with felony civil rights abuse for slamming Patel to the ground. That carries up to 10 years in prison. Parker also faces misdemeanor assault charge in Limestone County, which carries up to a year in jail.
What would justice look like? "I am just an engineer. And I would let the law work," said Chirag Patel. He said there is nothing he would like to say to Parker, and the only justice he could name would be rewinding time to an hour before his father left the house that morning.
"My father's life has changed permanently," said Patel.
A large card sits on the kitchen, filled with well wishes from members of the local Indian community. During the interview today, a well-wisher stopped by to quietly say a few words to Sureshbhai Patel.
"The Mayor stopped by with one of the Indian community members," said his son, Chirag Patel. He was talking about Mayor Troy Trulock of Madison. Trulock came by a few weeks ago, while his father was still in rehabilitation.
Gov. Bentley wrote to apologize to Sureshbhai Patel, who is an Indian citizen, and to the Indian government. Even Madison police issued a statement wishing Patel a "speedy recovery."
But it's been a slow, painstaking recovery.
After 10 days in the hospital and six weeks of in-patient rehab and therapy, Sureshbhai Patel was released on March 30.
He now spends three hours each week with an occupational therapist, practicing hand grip and fine finger motions. He spends another three hours each week with a physical therapist, learning how to walk again.
"He came here to help with the baby so my wife can go back to work," said Chirag Patel. Instead his wife now stays home to care for both the baby and help care for her 57-year-old father-in-law.
Sureshbhai Patel, who speaks Gujarati, had no comment today. Instead, his son spoke for him. "He is very shocked also. He didn't do anything wrong. Why?" said Chirag Patel when asked about the run-in with police. "He has a lot of why questions."
Around 8 a.m. on Feb. 6, Patel was walking on Hardiman Place Lane, the suburban Madison street where his son recently purchased a home. A concerned neighbor called police about a suspicious "skinny black guy" walking in the neighborhood. Video shows two officers approached Patel on a public sidewalk. They soon established that Patel does not speak English.
At one point, while holding Patel's arms behind his back, Officer Eric Parker slammed Patel to the ground and fell on top of him, leaving Patel paralyzed. Police called paramedics. The next day surgeons at Huntsville Hospital inserted a metal plate to join bones in Patel's neck. Doctors said that without the emergency surgery Patel would have been permanently paralyzed, said Chirag Patel.
Hank Sherrod, attorney for Patel, filed a civil lawsuit against Parker and against the city. But on March 24, U.S. District Judge Inge Johnson issued an order staying the lawsuit pending the criminal proceedings against Parker.
Sherrod today said they also are waiting on Patel's progress to determine "what the full consequences are for the rest of his life."
"Hopefully, he'll get back the ability to walk and use his hands," said Sherrod.
Parker faces misdemeanor assault charges in Limestone County, as the encounter took place in the Limestone County portion of the City of Madison. Parker turned himself in to the Limestone jail on Feb. 12 and pleaded not guilty on Feb. 16.
A bench trial had originally been scheduled for this month, but the judge has since postponed the trial. Judge Jeanne Anderson in the last week of March re-scheduled a hearing on evidence for May 13. Parker's defense attorney has argued for medical records on Patel and has moved to suppress some evidence or statements gathered before Parker was placed under arrest.
The new date for Parker's midemeanor trial will be set during that hearing.
Parker also faces a more serious federal charge of civil rights abuse. Parker is scheduled to be arraigned at the federal courthouse in Huntsville on April 21.
U.S. Attorney Joyce White Vance on March 27 in Birmingham announced the federal criminal charge, saying federal grand jury indicted Parker for deprivation of rights under color of law. She said that includes the constitutional right to be free from "unreasonable force."
Gov. Robert Bentley on Feb. 17 wrote a letter apologizing for the "unfortunate use of excessive force by the Madison Police department" and promised a parallel state investigation.
Anna Morris, spokesperson with Alabama Law Enforcement Agency, said on Wednesday that the state assisted on the federal investigation. "We ran the parallel investigation. We gave the findings to the FBI," said Morris.
Morris said the state investigators also worked with the Alabama Attorney General's office. The Limestone County district attorney recused himself, and Assistant Attorney General Bill Lisenby Jr. is handling the prosecution on the assault charges.
Eric Parker (Limestone County Jail)
"It's a rare thing that a police officer is going to be held accountable for a criminal act," said Sherrod this morning. "If you can't indict them when you have a video then you probably can't ever indict them."
Chirag Patel said the family plans to bring his mother to Alabama next month. Chirag Patel said they were already working on the immigration process before the incident, and that she will also have permanent resident status.
Meanwhile, Chirag Patel said he does not watch Indian media, but his father does. And he has seen the video of his takedown replayed often. He does not welcome the fame. "The reason is pretty bad," said Chirag Patel of being on TV for being injured.
"I think he will be afraid of police cars for the rest of the life," said Chirag Patel.
But there have been unexpected signs of support. A crowdfunding site for Patel raised over $200,000. (A crowdfunding site for Parker raised $3,380. )
There have been letters and emails and support from Madison and Huntsville, but also from all over the globe. Chirag Patel said the response has been overwhelming.
"I appreciate all the support," said Chirag Patel. "We are really humbled and thank you for supporting us."