Judge sentences smugglers after immigrant family freezes to death

A Minnesota judge sentenced Florida resident Steve Shand to more than six years in prison for his role in a human smuggling conspiracy that resulted in the deaths of an Indian family, the Department of Justice said Wednesday. Indian national Harshkumar Ramanlal Patel, Shand’s co-conspirator, received about 10 years in prison for his role in the fatal international smuggling scheme, and will be deported after his time is served.

The pair was convicted on several human smuggling charges in late November for aiding in a conspiracy to smuggle Indian nationals, first into Canada and then into the United States, using fraudulent student visas. They would be paid $100,000 for the scheme.

Shand and Patel’s case revolved around an Indian family of four who froze to death in January 2022 on the Canadian side of the U.S. border as a result of the smuggling operation. A husband and wife with their 11-year-old daughter and a 3-year-old son became separated from a larger group while trying to cross the border during a snowstorm, according to the federal filing. The Royal Canadian Mounted Police found the family frozen the next morning, yards from the border.

How can men be linked to the family or be responsible for severe weather? Evidence at trial showed that the men knew of the severe weather conditions and ignored the risks for the sake of personal enrichment, according to the DOJ. The night of the operation, Shand sent Patel a blizzard alert that warned of winds up to 50 mph with wind chills below -45 degrees. The men still went through with the operation, which resulted in the family of four freezing to death in the blizzard conditions. Before the family was located, border patrol agents found Shand’s van and arrested him along with two other aliens. Shand lied to officers and claimed that no other aliens were out in the snow. Later the same day, the Royal Canadian Mounted Police found the deceased family, according to the DOJ.

Patel’s attorney argued that prosecutors had no hard evidence linking his client to the deaths beyond witness testimony. Shand’s attorney also argued that Shand was simply hired as a driver and didn't ask questions about the people he was driving. However, federal prosecutor Ryan Lipes argued that flight records, phone records, and financial transactions proved the pair's lack of concern for human life, along with their involvement in the scheme. U.S. District Judge John Tunheim allowed prosecutors to show jurors photos of the frozen family, despite objections from the defense that such images would prejudice the jury.

Dig deeper: Read Lauren Canterberry’s report for more about the men’s trial convictions.