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"Dystopia": Indian student Tejeshwar Kalia, facing 14 years in jail for self-defense in Peterborough, remains positive despite hardships; his GoFundMe campaign, launched to cover legal fees, was pulled, intensifying the struggle in this self-defense case

Police said that Kalia chased the robber out of the store and then hit him, but the video shows that police were lying about the incident
 |  Satyaagrah  |  News
Canada: Indian Student Tejeshwar Kalia Faces 14 Years in Jail for Hitting Robber with Baseball Bat in Self-Defence, Police Accused of Misdescribing the Incident
Canada: Indian Student Tejeshwar Kalia Faces 14 Years in Jail for Hitting Robber with Baseball Bat in Self-Defence, Police Accused of Misdescribing the Incident

In a disturbing turn of events in Canada, Tejeshwar Kalia, an Indian-origin student and store clerk, is embroiled in a legal battle that could result in a 14-year imprisonment. The charges against him stem from an incident where he used a baseball bat to defend himself against a robbery. This incident, which took place on January 5th at the Circle K convenience store located on King Street in Peterborough, has sparked significant controversy.

The confrontation involved Jonathan Handel, a known Fentanyl addict, who initiated the attack by striking Kalia multiple times. Despite the circumstances, Kalia, who is 22 years old and currently enrolled at Sir Sanford Fleming College, now faces the prospect of a lengthy sentence in federal prison. The outcome appears starkly unfair, especially when compared to Handel's sentence—a mere 14 months in provincial jail handed down on April 4th.

What makes this case particularly egregious is the evidence presented in a video that surfaced online. Recorded in the early hours at 2:30 a.m., the video captures the moment Handel entered the store. Concealing a baseball bat in a blue bag, he approached the counter, where he then unveiled the weapon and began his assault on Kalia, targeting the back of his head with repeated strikes. The footage not only captures the brutal nature of the attack but also raises questions about the fairness and proportionality of the legal responses following the incident.

Following the initial attack, the situation inside the Circle K convenience store escalated into a desperate tussle. Tejeshwar Kalia, joined by another customer present at the scene, engaged in a physical altercation with the assailant, Jonathan Handel. This intense struggle spilled out of the store premises, culminating in Kalia and the other man gaining the upper hand. In a moment of self-defense, Kalia used the baseball bat to subdue Handel, who then collapsed to the ground. Visibly shaken by the ordeal, Kalia sat down, overcome with emotional stress, while the accompanying customer attended to the incapacitated robber.

The police's narrative of the incident, as released on January 9th, portrays a somewhat different sequence of events. According to their statement, "a man came into the store demanding money and brandishing a baseball bat. A struggle ensued and the clerk was struck with the bat before grabbing the bat away from the suspect. The suspect then fled the store. The clerk followed the suspect out of the store and struck him several times with the baseball bat on the sidewalk."

Nevertheless, closed-circuit television (CCTV) footage tells a more complex story, challenging the police's initial account. The video evidence reveals that Handel didn't merely flee the store but was actively involved in a violent struggle with Kalia and the customer for control over the bat. This conflict extended beyond the store's interior, onto the street. In direct contrast to the police's early statements, it was outside the store where Kalia, after a fierce struggle, managed to wrest the bat from Handel and subsequently struck him twice, dispelling the notion that Kalia had pursued Handel to continue the assault.

In a judicial decision that has stirred widespread concern, Jonathan Handel received a 14-month jail term for his violent actions against Tejeshwar Kalia. Initially sentenced to 18 months, Handel's term was reduced due to time already served, with the court applying a 1.5-day reduction for each day spent in custody, leaving him with 425 days remaining out of an original 545. On the other hand, Kalia, who acted in self-defense during the robbery, has been handed a staggering 14-year sentence, sparking debate over the apparent disparity in justice.

Tejeshwar Kalia, in his own words to the Toronto Sun, expressed his perspective on the harrowing ordeal, saying, “I saw it as me defending myself. I was afraid for my life." This statement underscores the fear and desperation he felt during the incident, which has had a lasting impact on his life.

In a poignant moment during the court proceedings, a friend of Kalia read his victim impact statement. Kalia recounted the terrifying event, stating, “I fell victim to a brutal robbery (in which) the assailant, wielding a baseball bat, viciously struck me three times: twice on the back of my head and once on my spine.” The physical repercussions of this assault were severe, necessitating medical attention and resulting in Kalia undergoing two surgeries to address the injuries sustained during the attack. This testimony vividly illustrates the trauma and ongoing suffering he has endured as a result of this violent encounter.

Tejeshwar Kalia, reflecting the principles of his faith as a practicing Hindu, harbors no ill will toward his assailant, Jonathan Handel, despite the violence inflicted upon him. Kalia's compassionate response to the sentencing of Handel to 14 months in prison is poignant, as he shared, “I was praying for him,” revealing his empathetic nature. He emphasized that his actions during the fateful night were purely reactive, born out of the immediate need to defend himself from the sudden and unprovoked attack.

In the legal proceedings that followed, Kalia's attorney, Jeff Ayotte, voiced strong optimism about the unfolding of the case. On April 6th, Ayotte articulated his belief in the crucial role of video evidence in the upcoming jury trial. He criticized the Peterborough Police for their misrepresentation of the incident, asserting that the video footage would unequivocally demonstrate Kalia’s innocence. Ayotte's statement, “For whatever reason, the video has been misdescribed by the Peterborough Police ... but I am confident at the preliminary hearing, when the video will be shown publicly and at jury trial, 12 people are going to see this video and they are going to see what the police are telling them did not happen. We are fairly confident that a jury is going to find after seeing the video, and after hearing what Tej has to say, that he acted in self-defence,” encapsulates the defense’s argument that Kalia’s response was a justified act of self-defense. This perspective hinges on the expectation that the jury will recognize the disparity between the police's narrative and the tangible evidence presented through the video recording.

GoFundMe Takes Down Fundraiser Launched to Help Kalia with His Expenses

In a show of solidarity, friends of Tejeshwar Kalia initiated a crowdfunding effort on 'GoFundMe' to assist with his burgeoning legal fees and other related expenses. This campaign was not only a testament to their belief in Kalia's innocence but also highlighted the perceived unfairness he was facing. The intent behind this initiative was to gather $25,000, a sum deemed necessary to cover the financial demands imposed by the legal battle and Kalia's needs during this challenging time.

The response to the crowdfunding campaign was a heartening reflection of community support, particularly from Canadians who felt moved by Kalia’s plight. Within a mere two days, the fundraiser attracted about 200 donors, amassing $12,600, showcasing the public’s readiness to support the beleaguered student. This rapid influx of donations underscored the widespread empathy and concern for Kalia’s situation.

Despite the initial success and clear public backing, the GoFundMe campaign faced an abrupt end. The platform decided to terminate the fundraiser, an action that not only halted the inflow of support but also raised questions and concerns among those who had rallied behind Kalia’s cause. The shutdown of the fundraising campaign was a significant blow to the momentum that had been building in support of the Indian-origin student, curtailing a vital source of financial aid at a critical time in his legal journey.

Peterborough Police Chief Defends Action Against Kalia

Amidst the uproar over the police's decision to charge Tejeshwar Kalia, who acted in self-defense, with a crime that could lead to a 14-year imprisonment, the Peterborough Police has stood by its actions. The controversy surrounding the charges against Kalia, who used a baseball bat to defend himself during a robbery, has led to widespread outrage across Canada.

On January 10th, in an effort to address the public's growing discontent, Peterborough Police Chief Stu Betts released a statement. He expressed, “I would not normally release a message of this kind, but the commentary that has taken place following our media release today… is unfair to the men and women of my Organization – they are doing great work in our community. Yes, this case is unusual, but in a world where security cameras are everywhere, do you really think we would not have seized & reviewed the footage as part of the investigation and prior to laying charges? I encourage you to stop and think about things before determining what you think has happened, or that an injustice has taken place because I’m quite confident that not one person who has made a comment about this case has seen the video or has access to the actual facts.”

Despite Chief Betts's attempt to quell the public's anger and skepticism by defending the actions of his department and highlighting the reliance on surveillance footage in their investigation, the Canadian public's reaction remained largely critical. The detailed justification offered by Betts failed to pacify many citizens. Online, Canadian netizens expressed their dissatisfaction vehemently, with some branding the police force an “embarrassment” and calling for Betts’s resignation. This backlash underscores the deep divide between the police's perspective and the public sentiment, as many continue to question the fairness and integrity of the law enforcement process in Kalia's case.

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