Convicted head of human smuggling plot gets 10 years after Indian family dies on US-Canada border
More than three years after a family of four from India froze to death while trying to enter the US along a remote stretch of the Canadian border in a blizzard, the alleged ringleader of an international human smuggling plot was sentenced in Minnesota on Wednesday to 10 years in prison.
Federal prosecutors had recommended nearly 20 years for Harshkumar Ramanlal Patel, and nearly 11 years for the driver who was supposed to pick them up, Steve Anthony Shand.
Shand also was to be sentenced Wednesday.
The two men appeared before US District Judge John Tunheim, who declined last month to set aside the guilty verdicts, writing, 'This was not a close case'.
The judge handed 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 -38C.
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 1am, 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, 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.
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'Truly tragic': woman killed and mother loses unborn baby in horrific crash
Two lives have been lost and many others irreparably damaged after a "horrible" car accident in Newcastle in the early hours of Sunday morning. The crash occurred at 2.40am on Sunday at North Lambton when a white Holden Commodore, allegedly driven by a 19-year-old male, veered onto the wrong side of the dual carriageway of Newcastle Road while travelling west and trying to evade police. The Commodore then collided with a white Hyundai sedan that was travelling east near the Arthur Street intersection. The passenger of the Hyundai, a 55-year-old Indian woman who arrived in Australia only last week to visit family, died in the crash. The 28-year-old female driver of the Hyundai, who was 26 weeks pregnant, sustained serious leg injuries in the two-car crash. The pregnant woman also lost her baby in the crash and is in a serious condition at the John Hunter Hospital. It is alleged that the 19-year-old male driver of the Commodore and a 17-year-old female passenger, who is the registered owner of the vehicle, fled the scene on foot following the crash. Two girls aged 15 and 17 were in the backseat of the Commodore and were treated by NSW Ambulance paramedics before being taken to John Hunter Hospital under police guard. Northern Region Commander, acting assistant commissioner Paul Dunstan, said it was a "horrible incident." "What's occurred is truly tragic," he said. "Two women driving around innocently. "One has lost their life; one has lost their unborn child." The crash caused the closure of Newcastle Road eastbound between the Jesmond roundabout and the Croudace Street intersection for the majority of Sunday morning. Assistant commissioner Dunstan said an officer on a motorcycle initially attempted to engage with the Commodore on Newcastle Road when it was noticed to have an incorrect licence plate. The officer followed the sedan for 30 seconds and then turned on its sirens and lights, which caused the Commodore to veer onto the wrong side of Newcastle Road. At that point, it was deemed unsafe to pursue the vehicle. Three to four minutes later, a police car spotted the Commodore on Newcastle Road at the intersection with Croudace Street. "Once again, that vehicle took off on the wrong side of the dual carriageway, travelling against the line of traffic," assistant commissioner Dunstan said. "A short time later, police became aware that the Commodore collided with a Hyundai sedan travelling on Newcastle Road." Assistant commissioner Dunstan said the 19-year-old driver is known to police. He is described as being of Indigenous descent, of medium build, 165 centimetres tall and approximately 65 kilograms. Teenage joyrides and dangerous late-night driving have been a growing concern for police in Newcastle over the past year. "I must emphasise that this is not a stolen vehicle at this stage," assistant commissioner Dunstan said. "It has not been reported, and we don't believe it's a stolen vehicle. "Joyriding and driving in a dangerous manner are always real concerns for us here in the Newcastle area." A critical incident team from Hunter Valley Police District is investigating the circumstances surrounding the incident. The investigation will be reviewed by the Professional Standards Command and overseen by the Law Enforcement Conduct Commission (LECC). "The incident has been determined a critical incident, with independent police investigating what has occurred," assistant commissioner Dunstan said. "That investigation will be subject to oversight from the law enforcement conduct commission and the police professional standards command." Two lives have been lost and many others irreparably damaged after a "horrible" car accident in Newcastle in the early hours of Sunday morning. The crash occurred at 2.40am on Sunday at North Lambton when a white Holden Commodore, allegedly driven by a 19-year-old male, veered onto the wrong side of the dual carriageway of Newcastle Road while travelling west and trying to evade police. The Commodore then collided with a white Hyundai sedan that was travelling east near the Arthur Street intersection. The passenger of the Hyundai, a 55-year-old Indian woman who arrived in Australia only last week to visit family, died in the crash. The 28-year-old female driver of the Hyundai, who was 26 weeks pregnant, sustained serious leg injuries in the two-car crash. The pregnant woman also lost her baby in the crash and is in a serious condition at the John Hunter Hospital. It is alleged that the 19-year-old male driver of the Commodore and a 17-year-old female passenger, who is the registered owner of the vehicle, fled the scene on foot following the crash. Two girls aged 15 and 17 were in the backseat of the Commodore and were treated by NSW Ambulance paramedics before being taken to John Hunter Hospital under police guard. Northern Region Commander, acting assistant commissioner Paul Dunstan, said it was a "horrible incident." "What's occurred is truly tragic," he said. "Two women driving around innocently. "One has lost their life; one has lost their unborn child." The crash caused the closure of Newcastle Road eastbound between the Jesmond roundabout and the Croudace Street intersection for the majority of Sunday morning. Assistant commissioner Dunstan said an officer on a motorcycle initially attempted to engage with the Commodore on Newcastle Road when it was noticed to have an incorrect licence plate. The officer followed the sedan for 30 seconds and then turned on its sirens and lights, which caused the Commodore to veer onto the wrong side of Newcastle Road. At that point, it was deemed unsafe to pursue the vehicle. Three to four minutes later, a police car spotted the Commodore on Newcastle Road at the intersection with Croudace Street. "Once again, that vehicle took off on the wrong side of the dual carriageway, travelling against the line of traffic," assistant commissioner Dunstan said. "A short time later, police became aware that the Commodore collided with a Hyundai sedan travelling on Newcastle Road." Assistant commissioner Dunstan said the 19-year-old driver is known to police. He is described as being of Indigenous descent, of medium build, 165 centimetres tall and approximately 65 kilograms. Teenage joyrides and dangerous late-night driving have been a growing concern for police in Newcastle over the past year. "I must emphasise that this is not a stolen vehicle at this stage," assistant commissioner Dunstan said. "It has not been reported, and we don't believe it's a stolen vehicle. "Joyriding and driving in a dangerous manner are always real concerns for us here in the Newcastle area." A critical incident team from Hunter Valley Police District is investigating the circumstances surrounding the incident. The investigation will be reviewed by the Professional Standards Command and overseen by the Law Enforcement Conduct Commission (LECC). "The incident has been determined a critical incident, with independent police investigating what has occurred," assistant commissioner Dunstan said. "That investigation will be subject to oversight from the law enforcement conduct commission and the police professional standards command." Two lives have been lost and many others irreparably damaged after a "horrible" car accident in Newcastle in the early hours of Sunday morning. The crash occurred at 2.40am on Sunday at North Lambton when a white Holden Commodore, allegedly driven by a 19-year-old male, veered onto the wrong side of the dual carriageway of Newcastle Road while travelling west and trying to evade police. The Commodore then collided with a white Hyundai sedan that was travelling east near the Arthur Street intersection. The passenger of the Hyundai, a 55-year-old Indian woman who arrived in Australia only last week to visit family, died in the crash. The 28-year-old female driver of the Hyundai, who was 26 weeks pregnant, sustained serious leg injuries in the two-car crash. The pregnant woman also lost her baby in the crash and is in a serious condition at the John Hunter Hospital. It is alleged that the 19-year-old male driver of the Commodore and a 17-year-old female passenger, who is the registered owner of the vehicle, fled the scene on foot following the crash. Two girls aged 15 and 17 were in the backseat of the Commodore and were treated by NSW Ambulance paramedics before being taken to John Hunter Hospital under police guard. Northern Region Commander, acting assistant commissioner Paul Dunstan, said it was a "horrible incident." "What's occurred is truly tragic," he said. "Two women driving around innocently. "One has lost their life; one has lost their unborn child." The crash caused the closure of Newcastle Road eastbound between the Jesmond roundabout and the Croudace Street intersection for the majority of Sunday morning. Assistant commissioner Dunstan said an officer on a motorcycle initially attempted to engage with the Commodore on Newcastle Road when it was noticed to have an incorrect licence plate. The officer followed the sedan for 30 seconds and then turned on its sirens and lights, which caused the Commodore to veer onto the wrong side of Newcastle Road. At that point, it was deemed unsafe to pursue the vehicle. Three to four minutes later, a police car spotted the Commodore on Newcastle Road at the intersection with Croudace Street. "Once again, that vehicle took off on the wrong side of the dual carriageway, travelling against the line of traffic," assistant commissioner Dunstan said. "A short time later, police became aware that the Commodore collided with a Hyundai sedan travelling on Newcastle Road." Assistant commissioner Dunstan said the 19-year-old driver is known to police. He is described as being of Indigenous descent, of medium build, 165 centimetres tall and approximately 65 kilograms. Teenage joyrides and dangerous late-night driving have been a growing concern for police in Newcastle over the past year. "I must emphasise that this is not a stolen vehicle at this stage," assistant commissioner Dunstan said. "It has not been reported, and we don't believe it's a stolen vehicle. "Joyriding and driving in a dangerous manner are always real concerns for us here in the Newcastle area." A critical incident team from Hunter Valley Police District is investigating the circumstances surrounding the incident. The investigation will be reviewed by the Professional Standards Command and overseen by the Law Enforcement Conduct Commission (LECC). "The incident has been determined a critical incident, with independent police investigating what has occurred," assistant commissioner Dunstan said. "That investigation will be subject to oversight from the law enforcement conduct commission and the police professional standards command." Two lives have been lost and many others irreparably damaged after a "horrible" car accident in Newcastle in the early hours of Sunday morning. The crash occurred at 2.40am on Sunday at North Lambton when a white Holden Commodore, allegedly driven by a 19-year-old male, veered onto the wrong side of the dual carriageway of Newcastle Road while travelling west and trying to evade police. The Commodore then collided with a white Hyundai sedan that was travelling east near the Arthur Street intersection. The passenger of the Hyundai, a 55-year-old Indian woman who arrived in Australia only last week to visit family, died in the crash. The 28-year-old female driver of the Hyundai, who was 26 weeks pregnant, sustained serious leg injuries in the two-car crash. The pregnant woman also lost her baby in the crash and is in a serious condition at the John Hunter Hospital. It is alleged that the 19-year-old male driver of the Commodore and a 17-year-old female passenger, who is the registered owner of the vehicle, fled the scene on foot following the crash. Two girls aged 15 and 17 were in the backseat of the Commodore and were treated by NSW Ambulance paramedics before being taken to John Hunter Hospital under police guard. Northern Region Commander, acting assistant commissioner Paul Dunstan, said it was a "horrible incident." "What's occurred is truly tragic," he said. "Two women driving around innocently. "One has lost their life; one has lost their unborn child." The crash caused the closure of Newcastle Road eastbound between the Jesmond roundabout and the Croudace Street intersection for the majority of Sunday morning. Assistant commissioner Dunstan said an officer on a motorcycle initially attempted to engage with the Commodore on Newcastle Road when it was noticed to have an incorrect licence plate. The officer followed the sedan for 30 seconds and then turned on its sirens and lights, which caused the Commodore to veer onto the wrong side of Newcastle Road. At that point, it was deemed unsafe to pursue the vehicle. Three to four minutes later, a police car spotted the Commodore on Newcastle Road at the intersection with Croudace Street. "Once again, that vehicle took off on the wrong side of the dual carriageway, travelling against the line of traffic," assistant commissioner Dunstan said. "A short time later, police became aware that the Commodore collided with a Hyundai sedan travelling on Newcastle Road." Assistant commissioner Dunstan said the 19-year-old driver is known to police. He is described as being of Indigenous descent, of medium build, 165 centimetres tall and approximately 65 kilograms. Teenage joyrides and dangerous late-night driving have been a growing concern for police in Newcastle over the past year. "I must emphasise that this is not a stolen vehicle at this stage," assistant commissioner Dunstan said. "It has not been reported, and we don't believe it's a stolen vehicle. "Joyriding and driving in a dangerous manner are always real concerns for us here in the Newcastle area." A critical incident team from Hunter Valley Police District is investigating the circumstances surrounding the incident. The investigation will be reviewed by the Professional Standards Command and overseen by the Law Enforcement Conduct Commission (LECC). "The incident has been determined a critical incident, with independent police investigating what has occurred," assistant commissioner Dunstan said. "That investigation will be subject to oversight from the law enforcement conduct commission and the police professional standards command."
Sky News AU
3 days ago
- Sky News AU
'Very serious': Air India warned by country's aviation regulator for breaching safety rules days before mass casualty disaster
Air India was warned for breaching safety rules by the country's aviation regulator before it made global headlines following a mass casualty disaster. Flight AI171 crashed shortly after take-off from Ahmedabad en route to London's Gatwick Airport last Thursday. According to government documents, planes flew despite being overdue checks on emergency equipment and for being slow to address the issue. While the warning notices, as well as an investigation report, were not in any way related to last week's crash of an Air India Boeing 787-8 plane that killed everyone onboard except one man, they were sent days before the catastrophic incident. In the report, the Directorate General of Civil Aviation said spot checks in May on three Air India Airbus planes found that they were operated despite mandatory inspections being overdue on the "critical emergency equipment" of escape slides. In one case, the watchdog found the inspection of an Airbus A320 jet was delayed by more than a month before being carried out on May 15. AirNav Radar data shows that during the delay the plane flew to international destinations such as Dubai, Riyadh and Jeddah. Another case, involving an Airbus A319 used on domestic routes, showed checks were over three months late, while a third showed an inspection was two days late. "The above cases indicate that aircraft were operated with expired or unverified emergency equipment, which is a violation of standard airworthiness and safety requirements," the DGCA report said. Air India "failed to submit timely compliance responses" to deficiencies raised by the DGCA, "further evidencing weak procedural control and oversight," it added. Checks on escape slides are "a very serious issue and "in case of accident, if they don't open, it can lead to serious injuries," said Vibhuti Singh, a former legal expert at the government's Aircraft Accident Investigation Bureau. The DGCA said in its report the certificates of airworthiness for aircraft that miss mandatory checks were "deemed suspended". An Indian aviation lawyer said such breaches typically attract monetary and civil penalties on both individual executives and the airline. The sole survivor of the Air India crash, Vishwash Kumar Ramesh, 40, has since attended his brother's funeral in the western Indian coastal town of Diu on Wednesday. Ramesh, grief-stricken, had just left hospital and had bandages on his face from the cuts and bruises sustained from the crash which killed 241 people on board, including dozens on land. Funerals have taken place in Ahmedabad for the victims of the crash, with scores of heartbroken relatives farewelling family members and friends who tragically perished. -with Reuters
Sky News AU
14-06-2025
- Sky News AU
Investigation underway after Australian man, 32, killed and another injured in a shooting in a villa in Bali
An Australian man has died while another has been injured in a shooting incident at a villa in Bali. Local police said the incident happened in a villa at Munggu in Bali's Badung Regency on Friday night local time. Both men are believed to have been shot in the incident, with the 32-year-old succumbing to his injuries at the scene while a 34-year-old Aussie man is receiving treatment in hospital. 'A shooting incident has happened. There are two victims, both Australian nationals,' Badung Police chief Arif Batubara said. 'We are now working on (an) investigation (to) find witnesses that may have seen the incident." No arrests have been made yet over the shooting. The incident comes after it emerged another Australian man had been arrested in Bali. The arrest was captured by the Radar Bali news service as it unfolded. He and his female passenger were reportedly stopped while riding a motorcyle as they were not wearing helmets. When he was inspected, police officers discovered a small bag containing what looked like a white substance. "'Ah, no, no, no, no,' the man said before pleading that it was just panadol. 'Try it, it's panadol. Panadol brother. Test it, it's panadol!' He later allegedly confessed the powder was cocaine. The Department of Foreign Affairs and Trade confirmed to it was aware an Australian had been detained in Bali. "We are in contact with local authorities and stand ready to provide consular assistance, to any Australian citizen, should they request it," a DFAT spokesperson said in a statement. It marks the third time an Australian has been detained in Bali in the last month. Australian man Puridas Robinson, a 40-year-old originally from Queensland was arrested at a Denpasar address on May 29 and has admitted to using cryptocurrency to purchase 120g of cannabis, according to the masthead. His arrest came after Indian man Harsh Nowlakha, 31, was allegedly caught by authorities attempting to smuggle cannabis into Bali via the island's international airport, The Daily Telegraph reported. Fellow Australian national Lamar Ahchee, was arrested in the Indonesian province in May for allegedly trying to smuggle cocaine into the country. Police have alleged Mr Ahchee aided in smuggling 1.8 kilograms of the drug into Bali. Mr Ahchee's lawyer has since claimed his client did not know the package he allegedly smuggled contained drugs.
