Police officer Eric Parker, now cleared of all criminal charges, will next face a city hearing to fight for his job with the City of Madison.
"He's not going to resign and he's not going to let them fire him without a fight," said Robert Tuten, defense attorney for Parker.
Parker had faced up to 10 years in federal prison for the sidewalk takedown on Feb. 6, 2015 of Sureshbhai Patel, an unarmed Indian citizen walking in front of his son's home. The stop left Patel partly paralyzed and in need of spinal surgery.
Back-to-back federal trials ended with a hung jury. Earlier this year the judge said there would not be a third trial and acquitted Parker of the civil rights charge. That left a state charge for misdemeanor assault, which carried up to a year in jail.
Late Thursday, roughly three weeks before the scheduled misdemeanor trial, Alabama Attorney General Luther Strange announced the state would drop the case.
Eric Parker arrives in court Sept. 1, 2015. (AP photo)
Hank Sherrod, attorney for Patel, said he was deeply troubled by the state's decison.
"This decision illustrates how difficult it is to hold law enforcement officers accountable under the criminal laws for brutal acts that would send an ordinary citizen to jail," wrote Sherrod in a statement.
"If the State will not even try to get a conviction when an act of police brutality is caught on video," he asked, "what chance is there for other victims?"
Tuten today said he received no advance warning of the state's decision and was surprised by the late timing.
As for Parker, Tuten said: "He was extremely relieved that he is not facing any criminal charges at the point."
Tuten said he next expects to represent Parker at an administrative hearing in the Madison. Police Chief Larry Muncey on Feb. 12, 2015, had recommended that Parker be fired for violating department policy and standards in the takedown of Patel.
Madison police also arrested Parker that day on the misdemeanor. The move to fire Parker has been on hold ever since, pending the outcome of the criminal cases.
Robert Tuten outside court in Athens, Ala. (cstephens@al.com)
Tuten said he was not certain whether Parker wanted to work at the Madison Police Department "after the way they treated him," but that Parker did not want the black mark of a firing on his record.
Kelly Butler, city attorney for Madison, could not be reached for comment.
Tuten said the Police Benevolent Association would continue to pay for legal representation for Parker through the appeal of his termination.
"We're thankful that the Attorney General's office took the time and effort in analyzing this case closely," said Tuten, referring to transcripts from two lengthy federal mistrials. "I think they made the right decision that enough is enough."
Sherrod contended the state should have proceeded with the trial.
Hank Sherrod, attorney, and Chirag Patel, son of Sureshbhai Patel who was left partly paralyzed after a police stop in Madison, Alabama, on Feb. 6, 2015 (Sarah Cole/scole@al.com)
"Instead of doing what lawyers do and using the transcripts from the failed federal criminal prosecution to craft a winning strategy to get justice for Mr. Patel," wrote Patel, "the Alabama Attorney General and the lawyers under his supervision have used those transcripts as an excuse not to do their job."
Sherrod filed a federal suit last year against Parker and the City of Madison. That has also been hold pending the outcome of the criminal case.
"Like most victims of police misconduct," wrote Sherrod in a statement today, "Mr. Patel's only chance at some measure of justice will be in the civil case, and Mr. Patel looks forward to seeking justice there."