Two men face sentencing in Minnesota for smuggling operation that led to death of Indian family at US-Canada border

Two men convicted in a human smuggling case that led to the death of an Indian family at the US-Canada border will be sentenced Wednesday in Minnesota. Prosecutors seek up to 20 years for the ringleader and 11 for the driver.

Minneapolis: More than three years after a family of four from India froze to death while trying to cross into the US 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.

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The prison terms are up to US District Judge John Tunheim, who declined last month to set aside the guilty verdicts, writing, “This was not a close case.”

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 US 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 US 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 January 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.

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.

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 defence 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.

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.