Men sentenced in deadly human smuggling case on US-Canada border

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The Patel family froze to death trying to cross the border into the United States. (Royal Canadian Mounted Police / Supplied)

FERGUS FALLS, Minn. (FOX 9) - Two men were sentenced Wednesday on federal human smuggling charges after a family of four from India froze to death while trying to cross the Canadian border near Minnesota. 

Sentencing in federal court

What happened:

According to the Department of Justice, 29-year-old Indian National Harshkumar Ramanlal Patel and 50-year-old Steve Shand, of Florida, were part of a sophisticated human-smuggling operation to illegally bring Indians into the United States. 

The pair went on trial in November, where a federal jury found them each guilty on four counts related to human trafficking of foreign nationals.

A federal judge sentenced Shand to 78 months (6.5 years), followed by two years of supervised release. Patel received a 10-year prison sentence with no supervised release, due to the fact he will likely be deported after completing his sentence. 

What they're saying:

"This case is a tragic reminder of the dangers of Human Smuggling. It is a clear example of how organizations exploit people for financial gain, regardless of the risk. The victims experienced the worst-case scenario firsthand; horrific conditions, injury, and death. We’re glad the smugglers are receiving consequences, but the crimes remain inexcusable. I’m proud of our agent’s persistence and collaboration between agencies; it is a testament to our commitment to border security," said Special Operations Supervisor Ryan Gilberg of U.S. Border Patrol in a statement. 

Family dies while trying to cross the border

The backstory:

Prosecutors say Patel was the ringleader and coordinated the smuggling of individuals from Manitoba into the U.S., while Shand would pick them up after crossing and transport them to Chicago. The DOJ said the going rate to be smuggled from India into the U.S. from Canada was around $100,000.

In January 2022, Shand was to pick up 11 Indian migrants in Minnesota near the Canadian border, but his van got stuck in the snow during a blizzard, causing the migrants to walk for several hours in dangerous conditions in search of the vehicle. Temperatures had plummeted to 36 degrees below zero that night, and none of the migrants were dressed for the severe weather conditions. 

When questioned by authorities, one individual reported possessing a backpack belonging to an Indian family that became separated from the group during the night. 

Canadian authorities located the bodies of the two parents and their two children who had frozen to death. Authorities noted the father was found still holding the infant child wrapped in a blanket. 

Of the seven people who made the crossing, only two found Shand’s van. One woman was ultimately airlifted to Regions Hospital in St. Paul with hypothermia and severe frostbite. Another one of the survivors testified the smugglers provided inadequate winter clothes, and said they had never seen snow prior to arriving in Canada, The Associated Press reported.

During sentencing, U.S. District Court Judge John R. Tunheim remarked that Shand and Patel "could have done something" and "might have made a difference" but instead chose inaction, resulting in the family's death during "one of the coldest nights of winter," according to the DOJ press release. 

Investigation by Canadian authorities

Timeline:

The victims were identified by Canadian authorities as 39-year-old Jagdishkumar Patel, 37-year-old Vaishaliben Patel and their two children, 11-year-old Vihangi Patel, and 3-year-old Dharmik Patel.

The Royal Canadian Mounted Police (RCMP) found the family had flown into Toronto Pearson Airport on Jan. 12, 2022. They stayed at a hotel in the City of Mississauga and traveled between Mississauga and Welland, Ontario, which is just outside Niagara Falls, between Jan. 14 and 16.

The family arrived in Emerson, Manitoba, which is along the U.S. border, on the night of Jan. 18. Their bodies were found along the border on the morning of Jan. 19.

"This tragedy was facilitated by individuals who had no regard for the safety and wellbeing of a young family," said Corporal Julie Courchaine of the Manitoba RCMP in a statement marking one year since the deaths. "RCMP officers have been diligently working on this investigation and continue to urge anyone with information, as small or insignificant as it may be, to please come forward."