August 7, 2008  

 

Dear Sir or Madam:  

   

I am writing in search of justice for my younger brother Kapali Swamy, 27 who was tragically

killed on November 18, 2007. Kapali was fatally punched in the face by Christopher Brett

Pennington, 23 in Cullman County, Alabama. Not only do witnesses confirm that Kapali never

physically harmed Mr. Pennington, police reports also indicate that the assailant’s only bodily

injury was a damaged fist.  Despite this, Mr. Pennington was cleared in a closed grand jury

hearing of all charges. The grand jury did not feel he should be tried for the felony of involuntary

manslaughter or even a misdemeanor of criminally negligent homicide. Our family is outraged at

the “no bill” rendered, and we feel, as do thousands of Kapali’s supporters, that at least a trial

should be held. We believe this “no bill” was largely due to a perception that Kapali’s death was

simply an “accident.”  

We have hit a roadblock in getting anyone to take a serious second look at my brother's case. 

Unfortunately, the legal system has determined that no crime was committed, even though an

innocent man was killed. Why are fists and punches not considered deadly weapons while it is

evident they can kill? How can the death of a young, talented, wonderful man by the hands of

another not be considered a crime? Does drinking alcohol excuse the crime? If Mr. Pennington

does not suffer any criminal consequences, then our legal system is sending the message that

killing by punches is okay.

Many assailants in similar cases find a legal loophole that prevents them from being charged,

brought to trial, or convicted. A typical defense is that the incident was an accident. The

assailants, including Mr. Pennington, held the intention of harm when they raised their fists and

should be held accountable for all possible consequences, including death.  

   

In regards to possible charges, only the victim can unfortunately file the charge of assault and

battery.  Even though involuntary manslaughter perfectly describes the offense, it is a difficult

conviction to obtain as punching is often not considered a crime. This public perception is the

result of our culture, which unfortunately considers beating up someone a natural part of life, a

test of manhood, an act of heroism, or even a way of making a point. Furthermore, throwing a

punch is often seen as a benign, innocuous act that cannot cause permanent damage.  In the

movies people get punched and they get right back up, but unfortunately the real world is very

different. As a result of this apparent misunderstanding, young people, especially when

intoxicated, have a low threshold for fighting and commonly resort to punching for reasons as

insignificant as spilling a drink or starting a conversation with a particular female. Any

neurosurgeon—who deals with head injuries regularly—will attest to the fact that a single punch

to the head iscapable of causing catastrophic damage, including permanent mental impairment,

coma, and death.

To date I have researched many cases where people have been killed by punches. A spreadsheet

listing 47 fatal cases obtained from online articles are provided under the tab “evidence that

punches can kill” followed by case comments and online news article links. This list is only a

sample of fatal cases and does not begin to include the countless victims who have been severely

injured.

Recently, an Australian campaign entitled “One Punch Can Kill” has combated the prevalence of

severe injury and death from punches. Australia has subsequently passed a progressive law

establishing the charge of Unlawful Assault Causing Death in response to the injustice of an 

assailant being set free without any criminal consequences. How many tragic outcomes will it take

before we realize that our laws desperately need reform? Please help us in raising awareness about

the deadliness of punches and getting justice for Kapali. No family should suffer the injustice we

have endured.

Specific details of Kapali’s case are disclosed in a Facebook group with over 1750 members and

an online petition with over 3500 signatures. Please contact me if you need any further information

or would like to discuss the case. Your urgency in this manner is respectfully requested due to the

timely manner in which criminal charges can be brought against Mr. Pennington. I am hopeful that

you will help us in finding justice for Kapali. Thank you for your time. I look forward to hearing

from you.

Sincerely, 

Pooja Swamy Dorward, MD 

Email: poojadorward@gmail.com 

Phone: 314-322-7665

Other Contacts:

Dr. Sivappa Swamy and Dr. Manjula Swamy (Kapali’s parents) 

Home Phone: 256-351-7507

Cell Phone: 256-345-0844