A federal court justice, on Tuesday, denied applications for fresh trials of two individuals found guilty on charges related to human smuggling. The case involved the tragic deaths of four Indians who died of extreme cold while attempting to cross from Canada into Minnesota during a severe storm in 2022.
US District Judge John Tunheim upheld the guilty verdicts delivered last November against Harshkumar Ramanlal Patel and Steve Anthony Shand. The ruling enables the defendants to pursue their cases in a federal appeals court after their sentencing on May 7.
Defence counsel for both accused contested the evidence sufficiency. “But this was not a close case,” Tunheim stated.
The judge determined adequate evidence existed for the jury’s guilty verdict on all counts against both Shand and Patel. He noted that whilst the late disclosure of a Border Patrol agent’s previous disciplinary action was concerning, it minimally affected the overall case. He also maintained his decision for a joint trial.
The prosecution presented evidence that Patel, an Indian citizen known as “Dirty Harry,” and Shand, an American resident of Florida, participated in an advanced illegal operation facilitating Indian entries into the US. The prosecution had earlier claimed Shand remained in his vehicle, anticipating the arrival of 11 migrants, including members of the Patel family, in an isolated location whilst temperatures plummeted to minus 38 degrees Celsius.
The deceased victims from Dingucha village in Gujarat included 39-year-old Jagdish Patel, his wife Vaishaliben (mid-30s), their daughter Vihangi (11), and son Dharmik (3). The family, both parents being schoolteachers, perished north of the Manitoba-Minnesota border on Jan. 19, 2022. Seven others in their group survived the journey. Patel, being a common Indian surname, held no relation to the defendant.
The most serious charges carry potential 20-year prison terms. However, federal sentencing follows complex guidelines, and prosecutors have yet to announce their recommended sentences.