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Brown in America

Justice for Kapali?

By: Runa :+: Under: Brown in America, Crime, Maccaca Crimewatch
On: ⋅ April 4, 2008 ⋅  Email this post ⋅  Print this post ⋅ Post a comment

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On November 18,2007  Kapali Giridhar Swamy , 27 of Decatur, Alabama was traveling in a car along with Gina Gonzalez and Christopher Brett Pennington to Pennington’s residence after  a night out in Birmingham. Along the way, an argument began between Swamy  and Gonzalez that escalated to the point that Pennington hit Swamy. Kapali fell to the ground. When emergency medical personnel arrived a few minutes later, he was found to be without a pulse. Pennington was subsequently arrested and charged with manslaughter and criminally negligent homicide. In January 2008, an 18-member Grand Jury decided in a closed hearing not to indict Pennington on a single charge and he walked free.

The facts in this case are not at all clear. The Cullman Times  reported on this incident on Dec 01,2007 [link]

From the Cullman Times article:

 Lt. Phillip Lambert said Swamy and the female companion were arguing on the way back to Pennington’s home. Lambert said when they arrived at the residence the arguing escalated and she exited the vehicle and stated she wasn’t going with Swamy.
According to statements made by both the companion and Pennington, Swamy exited the vehicle and began yelling at the woman. Lambert said Swamy pushed her, leading to Pennington stepping between the couple.
According to the sheriff’s incident report, both the woman and Pennington said Swamy pushed him. Pennington returned to his feet and hit Swamy, causing him to collapse.

Kapila Swamy’s family disputes this. They allege that the Cullman Times has continually misreported the event and that the authorities failed to request any retractions despite witness’ sworn statements that contradict the event as reported.The family  has a petition online.

Per the family, after the incident :

Pennington’s right fist was bruised, but his body was without any other signs of an altercation. Gina and a third party witness both assert that Kapali did not touch either Pennington or Gina.

The family alleges that racism played a big part in the verdict for Pennington. From the petition: 

 Cullman, Alabamais a very small, racially homogeneous community. Its population is almost totally white, with other ethnicities having been cloistered in nearby Colony, AL. Racism is clearly prevalent in this community, as KKK rallies continue to occur with relatively high frequency, and enjoy prominent advertisements in the local newspaper.

It seems pretty clear that all is not well in that part of the world. Whatever the provocation - if any - Pennington has got away with homicide.

In later reporting on the verdict in the same newspaper [link ]

Cullman County District Attorney Wilson Blaylock is quoted on  the Grand Jury verdict

“They can’t tell — by law — what went on in there or what was discussed or how they reached their true bill, which means they indict them, or no bill, which means they don’t indict them,” Blaylock said, adding, “They did not find probable cause for a criminal act.”

Swamy’s family has formed a non-profit organization called “Justice for Kapali Swamy ” to continue to ask for justice. A facebook group is available here.

I try very hard not to look for racism where there is none. Would things have been different if Kapali Swamy had not been brown and the jury had not been picked from a predominantly-if not completely-white pool?  Its a tragedy anyway you look at it - a 27- year old has died and there is no closure for his family.

From  the petition:

 Even at face value one can appreciate the travesty that has transpired here, with a young man robbed of life and his alleged killer set free.

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