Lawyers pursue acquittal or retrial for human smugglers convicted in Manitoba-U.S. border family death case.

         Lawyers pursue acquittal or retrial for human smugglers convicted in Manitoba-U.S. border family death case.

A Minnesota jury convicted Harshkumar Patel and co-accused Steve Shand on all charges in November.

Steve Shand, left, was convicted in November alongside co-accused Harshkumar Patel in a case involving an Indian family who tragically froze to death while attempting to cross the Canada-U.S. border in January 2022. (Steve Shand/Facebook, Sherburne County Sheriff)

Lawyers Seek Acquittal or New Trial in Border Smuggling Case

Lawyers for two men convicted of human smuggling charges by a Minnesota jury after a family from India died in freezing conditions near the Manitoba-U.S. border in 2022 are requesting acquittals or new trials for their clients.

Attorneys for Harshkumar Patel and Steve Shand filed motions in the United States District Court in Minnesota on Friday, arguing for reconsideration of the verdicts.

Patel, an Indian national arrested in Chicago, and Shand, a Florida resident, were found guilty in November on all four counts related to smuggling unauthorized individuals into the U.S., transporting them, and profiting from the activity. The convictions followed a trial in Fergus Falls, Minnesota.

Three Years After Tragedy: Patel Family’s Death at the Border

Nearly three years after four members of the Patel family—unrelated to Harshkumar Patel—perished while attempting to cross the Canada-U.S. border, Harshkumar Patel and Steve Shand face ongoing legal battles following their convictions.

The frozen bodies of Jagdish Patel (39), his wife Vaishali (37), their daughter Vihangi (11), and son Dharmik (3) were discovered on January 19, 2022, in a snow-covered field in Manitoba, just 12 meters from the U.S. border. Temperatures that day plunged to -23°C, with wind chills making it feel between -35°C and -38°C.

Convictions and Arguments for Acquittal or Retrial

In November, a Minnesota jury convicted Patel and Shand on all four counts, including smuggling and profiting from transporting unauthorized individuals into the U.S. Shand was arrested near the border in 2022 with other Indian nationals in his van, while Patel, identified as the alleged coordinator of the operation, was arrested in Chicago in February 2024.

Patel’s defense attorneys argue he was wrongfully convicted due to insufficient evidence and errors during the trial, including the denial of his request for a separate trial. They claim there was no proof Patel was involved in a conspiracy with Shand or anyone else, nor that he knew the individuals being transported were entering the U.S. illegally.

Shand’s legal team describes him as an unwitting cab driver, manipulated into the operation by Patel. They also challenge the prosecution’s delayed disclosure of a disciplinary record against a key witness—a U.S. Customs and Border Protection intelligence agent—claiming it hindered their ability to ensure a fair trial.

Motions for Acquittal and New Trials

Patel’s lawyers filed motions for acquittal under federal rules, citing a lack of evidence to meet the standard of guilt beyond a reasonable doubt. They also called for a new trial if acquittal is denied, highlighting trial errors and the alleged unfairness of being tried alongside Shand, whose defense strategy implicated Patel.

Shand’s attorneys similarly requested a new trial, accusing the prosecution of deliberately delaying access to potentially exculpatory evidence. They also demanded an evidentiary hearing to examine the government’s approach to disclosing witness-related materials.

Broader Context

This high-profile case has drawn attention to the dangers of human smuggling and its devastating consequences. Both men, if unsuccessful in overturning their convictions, are tentatively scheduled for sentencing in March. The tragic loss of the Patel family serves as a stark reminder of the risks faced by migrants pursuing a better future.