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February 1, 2008

Grand jury clears Pennington

Last month a grand jury dismissed charges against Christopher Brett Pennington, 23, who was charged with manslaughter and criminally negligent homicide in the death of Kapali Swamy of Decatur.

Cullman County District Attorney Wilson Blaylock said the case was presented directly to a grand jury following a Nov. 18 incident in which the accused hit Swami following an argument that involved a woman. The three allegedly had just returned from a night out in Birmingham.

Autopsy reports issued by the Alabama Department of Forensic Sciences stated Swamy suffered one or two blows to the head.

Blaylock said he does not know information about what led to the 18-person decision because “they are sworn to secrecy.”

“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.”

In response to the grand jury’s decision, Swami’s family has formed a non-profit organization called “Justice for Kapali Swamy.”

Members of the Swami family could not be reached for comment. However, on a facebook.com page dedicated to Swamy, it states, “Even at face value one can appreciate the travesty that has transpired here, with a young man robbed of life and his killer set free. But those who know Kapali recognize the full depth of this loss and subsequent injustice.”

Blaylock said his office cannot return the case to a grand jury unless new evidence in the case is found.

“If anything comes up, we will be more than willing to present it to a grand jury.

Blalock said the DA’s office has been in contact with the Swami family since the 27-year-old man’s death.

“Our heart goes out to the Swami family and everyone involved in it. It’s a tough, tough situation,” Blalock said. “Being the district attorney, of course, I respect the wishes of the grand jury.”

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