FERGUS FALLS, Minn. — A migrant from India who survived a harrowing journey across the Canada-U.S. border amid blizzard conditions is anticipated to give testimony on Tuesday during the federal trial of two men charged in a vast human smuggling operation linked to the tragic deaths of a family of four.
Federal authorities claim that Harshkumar Ramanlal Patel, 29, and 50-year-old Steve Shand prioritized financial gain over human lives as they attempted to illegally transport Indian nationals into Minnesota during a five-week period. Prosecutors assert that Patel played a significant role in running the smuggling operation, enlisting Shand as a driver. Both men have pleaded not guilty to four federal charges related to human trafficking.
On January 19, 2022, it is alleged that the family—comprised of 39-year-old Jagdish Patel, his wife Vaishaliben in her mid-30s, their 11-year-old daughter Vihangi, and 3-year-old son Dharmik—perished due to freezing conditions after getting lost in deep snow for several hours. At the time, Shand was waiting in a truck for 11 migrants, including the unfortunate family from Gujarat state, while wind chills plummeted to minus 36 degrees Fahrenheit (minus 38 degrees Celsius).
The expected witness, Yash Patel, is one of the two survivors who managed to connect with Shand on the opposite side of the border. He was apprehended along with Shand after they were intercepted by a border patrol officer before they could flee, as reported by prosecutors.
It is important to note that “Patel” is a common surname in India, and the victims had no familial ties to Harshkumar Patel.
Prosecutor Ryan Lipes stated in his opening remarks that both Shand and Harshkumar Patel were aware of the extreme winter conditions yet proceeded with their plan to illegally smuggle migrants on foot.
“The migrants were dropped off in a dark, remote area of the Canadian border that was far from any legal entry point,” Lipes explained.
When Jagdish Patel’s body was discovered, he was found clutching little Dharmik, who was wrapped securely in a blanket, according to the prosecutors.
“This case illustrates how these two men chose profit over human lives, gaining income through the smuggling of Indians across the border from Canada to the U.S.,” Lipes told the jury.
Meanwhile, attorney Thomas Leinenweber, representing Harshkumar Patel, argued that his client should not have faced charges. He pointed out that no evidence or testimony would link Patel to any conspiracy regarding smuggling activities.
“Being wrongfully accused can evoke one of the worst feelings anyone can experience,” Leinenweber remarked during his opening statement.
On the other hand, Lisa Lopez, Shand’s lawyer, implored the jury to distinguish between the defendants. She described Shand as an unwitting accomplice in the smuggling operations.
“Mr. Shand was manipulated by Mr. Patel; being manipulated does not equate to being guilty of conspiracy under the law,” said Lopez, who maintained that both Shand and the migrants were misled by Patel and his smuggling network.
A jury comprising eight men and six women, with two alternates, was formed on Monday afternoon.
Prosecutors intend to present the jury with photographs of the deceased family, which the judge permitted as evidence, despite objections from the defense that such images could unduly influence the jury’s feelings.
According to federal prosecutors, both Harshkumar Patel and Shand were part of a larger international criminal organization that targeted clients in India, obtained student visas for them in Canada, organized transportation, and facilitated their illegal entry into the U.S., primarily through Minnesota and Washington state.
Prosecutors disclosed that Shand reportedly told investigators that he received approximately $25,000 from Patel for conducting five smuggling trips.
In the past year, U.S. Border Patrol has apprehended over 14,000 Indian migrants at the Canadian border. According to estimates from the Pew Research Center, more than 725,000 Indians were residing illegally in the U.S. by 2022, ranking just behind nationals from Mexico and El Salvador.
Court records indicate that Harshkumar Patel was in the U.S. unlawfully after being denied a visa at least five times. He allegedly recruited Shand near their homes in Deltona, Florida, close to Orlando.
For the duration of five weeks, Patel and Shand frequently communicated about the frigid weather conditions while transporting five groups of Indians across a secluded stretch of the border. One night in December 2021, Shand allegedly texted Patel complaining about the intense cold, asking rhetorically if the individuals would still be alive upon their arrival.
During the last smuggling trip in January, Shand messaged Patel to ensure that “everyone is dressed for the blizzard conditions, please.”