- Associated Press - Tuesday, November 3, 2015

HUNTSVILLE, Ala. (AP) - Jurors will resume their deliberations Wednesday in the federal retrial of an Alabama police officer charged with using excessive force against an Indian man who says he couldn’t understand the officer’s orders.

They told the federal judge in Huntsville Tuesday they were unable to agree unanimously in the trial of Madison police officer Eric Parker and were ordered to keep trying.

U.S. District Judge Madeline Hughes Haikala is trying to avoid a second mistrial for Parker on charges of violating the rights of Sureshbhai Patel, 58, during an encounter in February. Parker’s first trial ended in a hung jury.

Evidence showed that Parker knocked Patel to the ground while investigating a complaint about a suspicious person in February.

Parker testified Friday that Patel’s actions and appearance were “in sequence” with those of a burglar. Parker told jurors he grew concerned when Patel reached for his pockets and pulled his hand free during a pat down.

Patel, who wasn’t armed, suffered a spinal injury when he was thrown down face-first on a lawn. Parker said he lost his balance and fell on top of the man.

Jurors have been shown video footage of the incident that was recorded by a camera inside a police patrol vehicle. Patel used a walker when he entered the courtroom to testify against Parker.

Patel had been in the United States only a few days at the time of the encounter. Patel has said through an interpreter that he doesn’t speak English and couldn’t understand officers’ orders.

The city of Madison has fired Parker. He also faces a state assault charge and is being sued by Patel, who is staying with his son’s family in the United States.

Alabama Gov. Robert Bentley has apologized to the Indian government for Patel’s treatment, calling it a case of excessive force.

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