Men face prison for human smuggling after an Indian family of 4 died on the US-Canada border
FILE - A border marker, between the United States and Canada is shown just outside of Emerson, Manitoba, on Thursday, Jan. 20, 2022. (John Woods/The Canadian Press via AP, File)
John Woods/AP
FILE - A statue of Monkey God Hanuman, installed as part of a religious celebrations, is seen in front of an entrance gate of Dingucha village in Gandhinagar, India, Tuesday, Nov. 12, 2024.
Ajit Solanki/AP
FILE - Road signage is posted just outside of Emerson, Manitoba, Thursday, Jan. 20, 2022. (John Woods/The Canadian Press via AP, File)
John Woods/AP
FILE - An aerial view of Dingucha village in Gandhinagar, India, Tuesday, Nov. 12, 2024.
Ajit Solanki/AP
MINNEAPOLIS (AP) — More than three years after a family of four from India froze to death while trying to cross into the U.S. along a remote stretch of the Canadian border in a blizzard, two men face sentencing in Minnesota on Wednesday on human smuggling charges for their roles what prosecutors call an international conspiracy.
Federal prosecutors have recommended nearly 20 years in prison for the alleged ringleader, Harshkumar Ramanlal Patel, and nearly 11 years for the driver who was supposed to pick the family up, Steve Anthony Shand.
The prison terms are up to U.S. District Judge John Tunheim, who declined last month to set aside the guilty verdicts, writing, 'This was not a close case.'
Advertisement
Article continues below this ad
Tunheim will hand down the sentences at the federal courthouse in the northwestern Minnesota city of Fergus Falls, where the two men were tried and convicted on four counts apiece last November.
The smuggling operation
Prosecutors said during the trial that Patel, an Indian national who they say went by the alias 'Dirty Harry,' and Shand, a U.S. citizen from Florida, were part of a sophisticated illegal operation that brought dozens of people from India to Canada on student visas and then smuggled them across the U.S. border.
They said the victims, Jagdish Patel, 39; his wife, Vaishaliben, who was in her mid-30s; their 11-year-old daughter, Vihangi; and 3-year-old son, Dharmik, froze to death. The Royal Canadian Mounted Police found their bodies just north of the border between Manitoba and Minnesota on Jan. 19, 2022.
The family was from Dingucha, a village in the western Indian state of Gujarat, as was Harshkumar Patel. Patel is a common Indian surname, and the victims were not related to the defendant. The couple were schoolteachers, local news reports said. So many villagers have gone overseas in hopes of better lives — legally and otherwise — that many homes there stand vacant.
Advertisement
Article continues below this ad
The harsh conditions
The father died while trying to shield Dharmik's face from a 'blistering wind' with a frozen glove, prosecutor Michael McBride wrote. Vihangi was wearing 'ill-fitting boots and gloves.' Their mother 'died slumped against a chain-link fence she must have thought salvation lay behind,' McBride wrote.
A nearby weather station recorded the wind chill that morning at -36 Fahrenheit (-38 Celsius).
Seven other members of their group survived the foot crossing, but only two made it to Shand's van, which was stuck in the snow on the Minnesota side. One woman who survived had to be flown to a hospital with severe frostbite and hypothermia. Another survivor testified he had never seen snow before arriving in Canada. Their inadequate winter clothes were only what the smugglers provided, the survivor told the jury.
What prosecutors say
'Mr. Patel has never shown an ounce of remorse. Even today, he continues to deny he is the 'Dirty Harry' that worked with Mr. Shand on this smuggling venture — despite substantial evidence to the contrary and counsel for his co-defendant identifying him as such at trial,' McBride wrote.
Advertisement
Article continues below this ad
Prosecutors asked for a sentence of 19 years and 7 months for Patel, at the top end of the recommended range under federal sentencing guidelines for his actions. They asked for Shand's sentence to be 10 years and 10 months, in the middle of his separate guidelines range.
'Even as this family wandered through the blizzard at 1:00 AM, searching for Mr. Shand's van, Mr. Shand was focused on one thing, which he texted Mr. Patel: 'we not losing any money,'' McBride wrote. 'Worse, when Customs and Border Patrol arrested Mr. Shand sitting in a mostly unoccupied 15-passenger van, he denied others were out in the snow — leaving them to freeze without aid.'
What defense attorneys say
Patel's attorneys, who have argued that the evidence was insufficient, had not filed a sentencing recommendation by Tuesday. But they did request a government-paid attorney for his planned appeal. Patel has been jailed since his arrest at O'Hare International Airport in Chicago in February 2024 and claimed in the filing to have no income and no assets.
Advertisement
Article continues below this ad
Shand has been free pending sentencing. His attorney called the government's requested sentence 'unduly punitive' and requested just 27 months. The attorney, federal defender Aaron Morrison, acknowledged that Shand has 'a level of culpability' but argued that his role was limited — that he was just a taxi driver who needed money to support his wife and six children.
'Mr. Shand was on the outside of the conspiracy, he did not plan the smuggling operation, he did not have decision making authority, and he did not reap the huge financial benefits as the real conspirators did,' Morrison wrote.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
an hour ago
- Yahoo
Migrants and ICE officers contend with heat, smog and illness after detoured South Sudan flight
WASHINGTON (AP) — Migrants placed on a deportation flight originally bound for South Sudan are now being held in a converted shipping container on a U.S. naval base in Djibouti, where the men and their guards are contending with baking hot temperatures, smoke from nearby burn pits and the looming threat of rocket attacks, the Trump administration said. Officials outlined grim conditions in court documents filed Thursday before a federal judge overseeing a lawsuit challenging Immigration and Customs Enforcement efforts to swiftly remove migrants to countries they didn't come from. Authorities landed the flight at the base in Djibouti, about 1,000 miles (1,600 kilometers) from South Sudan, more than two weeks ago after U.S. District Judge Brian E. Murphy in Boston found the Trump administration had violated his order by swiftly sending eight migrants from countries including Cuba and Vietnam to the east African nation. The judge said that men from other countries must have a real chance to raise fears about dangers they could face in South Sudan. The men's lawyers, though, have still not been able to talk to them, said Robyn Barnard, senior director of refugee advocacy at Human Rights First, whose stated mission is to ensure the United States is a global leader on human rights. Barnard spoke Friday at a hearing of Democratic members of Congress and said some family members of the men had been able to talk to them Thursday. The migrants have been previously convicted of serious crimes in the U.S., and President Donald Trump's administration has said that it was unable to return them quickly to their home countries. The Justice Department has also appealed to the Supreme Court to immediately intervene and allow swift deportations to third countries to resume. The case comes amid a sweeping immigration crackdown by the Republican administration, which has pledged to deport millions of people who are living in the United States illegally. The legal fight became another flashpoint as the administration rails against judges whose rulings have slowed the president's policies. The Trump administration said the converted conference room in the shipping container is the only viable place to house the men on the base in Djibouti, where outdoor daily temperatures rise above 100 degrees Fahrenheit (38 degrees Celsius), according to the declaration from an ICE official. Nearby burn pits are used to dispose of trash and human waste, and the smog cloud makes it hard to breathe, sickening both ICE officers guarding the men and the detainees, the documents state. They don't have access to all the medication they need to protect against infection, and the ICE officers were unable to complete anti-malarial treatment before landing, an ICE official said. 'It is unknown how long the medical supply will last,' Mellissa B. Harper, acting executive deputy associate director of enforcement and removal operations, said in the declaration. The group also lacks protective gear in case of a rocket attack from terrorist groups in Yemen, a risk outlined by the Department of Defense, the documents state. ___ Associated Press writer Rebecca Santana contributed to this story.
Yahoo
an hour ago
- Yahoo
Fugitive dad accused of killing his 3 daughters googled ‘how to relocate to Canada' before vanishing, affidavit reveals
A 32-year-old Army veteran accused of murdering his three young daughters in rural Washington State had searched the internet a few days earlier for information on how to quietly slip across the border into Canada, according to a U.S. Marshals Service affidavit obtained first by The Independent. Authorities began searching last Friday for sisters Paityn Decker, 9; Evelyn Decker, 8; and Olivia Decker, 5, after they didn't return from a scheduled visitation with dad Travis Caleb Decker. On Monday afternoon, Decker's 2017 GMC Sierra pickup was found near the Rock Island Campground in Chelan County, Washington. The bodies of all three girls were found about 75 to 100 yards away, their wrists zip-tied and a bag over each of their heads, apparently suffocated, police said. Decker, however, was nowhere to be found. Over the next two days, investigators 'obtained and served multiple search warrants for records contained in Decker's Google accounts,' the Marshals' affidavit states. 'I reviewed the Google-provided records containing some of the Google searches that occurred on 05/26/2025 using Decker's Google account,' Deputy U.S. Marshal Keegan Stanley wrote. 'These Google searches included the following: 'how does a person move to canada,' 'how to relocate to canada' … and 'jobs canada.' After the above-listed Google searches, he visited the site 'Find a job - The affidavit notes that the children's remains were found 'relatively close to the Canadian border and approximately 11 miles from the Pacific Crest Trail, a well-established trail that leads directly to Canada.' Decker, who is now wanted on three counts each of first-degree murder and first-degree kidnapping, has 'training in navigation, woodland/mountainous terrain, long distance movements, survival and numerous other disciplines needed to be able to flee,' the affidavit goes on. He is also facing an additional federal charge of unlawful flight to avoid prosecution. 'Prior to the above alleged crimes, Decker frequently recreated in outdoor, woodland and mountainous areas throughout the Eastern District of Washington and surrounding states,' it says. 'Amongst other outdoorsman activities, Decker frequently engaged in hiking, camping, survival skill practice, hunting and even lived off the grid in the backwoods for approximately 2.5 months on one occasion.' The affidavit points out that the charges against Decker 'are all very serious violent felonies which all carry significant prison sentences if convicted,' and that 'those facing significant prison sentences have a propensity' to flee. In the aftermath of the triple homicide, a 'very public national campaign to locate Decker,' was launched, and 'it is publicly known there is a warrant for his arrest,' the affidavit states. Attorney Arianna Cozart, who represents Decker's ex, Whitney, said Thursday that there had been 'no red flags' leading up to the death of the three girls. At the same time Decker reportedly struggled with post-traumatic stress disorder and was unable to access sufficient resources to deal with it. 'He had some mental health issues and some instability in his life that really led to the restrictions as far as overnight visitation or him taking them out of the area, but other than that, he loved those girls very much and him and Whitney were able to communicate on a regular basis, not just as co-parents, but as friends,' Cozart told ABC News. Cozart did not immediately respond to a request for comment on Friday. A GoFundMe campaign set up four days ago by a longtime friend of Whitney Decker has so far raised more than $1 million. In it, organizer Amy Edwards, the music director of a local Shakespeare program who taught the Decker children, said their 'joy touched so many.' 'Their loss is unimaginable, but the compassion we've received from this community and beyond has brought light into this darkness,' the GoFundMe page tells prospective donors. 'Thank you for continuing to hold Whitney close in your hearts. Your support is not only helping her through this tragedy, it's also carrying forward the love and spirit her daughters brought into the world.' Decker's current location is unknown, the Marshals' affidavit says. Authorities have asked anyone who lives in a remote area of Chelan, Kittitas, King, Snohomish, and Okanogan counties to lock all of their doors, secure any sheds or outbuildings, and leave their window blinds open and outside lights on. 'Due to safety concerns do not attempt to contact or approach Decker,' the Chelan County Sheriff's Office said in a news release. Decker is white, 5-feet, 8-inches tall and190 pounds, with black hair and brown eyes. He was last seen wearing a light-colored shirt and dark shorts. Anyone with information about his whereabouts is asked to call 911 or submit an online tip to the Chelan County Sheriff's Office.
New York Post
2 hours ago
- New York Post
Jessica Ramos — who compared Cuomo to a bumbling Biden — to endorse ex-gov for NYC mayor
State Sen. Jessica Ramos — one of the fiercest critics of mayoral frontrunner Andrew Cuomo — will endorse the ex-governor Friday morning, effectively ending her struggling run for the seat. The progressive Queens senator will throw her weight behind Cuomo at an 11 a.m. event at the District Council of Carpenters Headquarters, her campaign confirmed. The backing is a sharp about-face from her critical public criticism of the former governor, who resigned in 2021 amid a series of sexual harassment allegations. 'People may want to be courteous to Cuomo's face but they don't forget the people he sent to die, the women he touched or the people he left in our streets needing mental health care and housing,' Ramos, 39, wrote on social media in late March. Jessica Ramos to back the ex-gov on Friday. YUKI IWAMURA/POOL/EPA-EFE/Shutterstock Ramos has been one of the harshest critic of Cuomo. AP In April, she also told The Post's editorial board that people in political circles have been talking behind closed doors about Cuomo's mental acuity. 'I don't think the City of New York can afford a Joe Biden moment,' Ramos, referencing the president's noticeable decline, said. 'I think that there are real reasons why he's not answering questions. Even when he went before Congress, he just can't remember details about what he did.' 'His mental acuity is in decline,' Ramos repeated when pressed to clarify her allegation against the 67-year-old Cuomo. In response, the Cuomo campaign insinuated the lawmaker was a drunkard. 'You can quote me rolling my eyes – this is a desperate attack from a desperate extreme left socialist who is in debt and polling at 3 percent,' Rich Azzopardi said. 'Was she sober when she said it?' Ramos's bid for the Democratic nomination never really got off the ground — even though she polled well earlier this year, despite name recognition. The campaign has struggled to raise money, only able to bring in just under $300,000, and failed to reach the low threshold to unlock the city's 8-to-1 public matching funds. She currently has just $9,000 on hand.
