Closing arguments have been made in the trial of two men accused of smuggling migrants across the border between Manitoba and Minnesota.
Prosecutor Michael McBride told the jury in a Fergus Falls, Minn., court that Steve Shand and Harshkumar Patel cared more about money than people’s lives, and sent migrants out walking for hours in deadly weather.
The men are accused of being part of several operations at the border in December 2021 and January 2022. They have pleaded not guilty.
On Jan. 19, 2022, a family of four from India, including two children, froze to death while trying to walk across the border in a blizzard.
A lawyer for Patel told the jury the accused has been wrongly identified and is not the same person that was calling and texting about the trips in phone records produced by the government.
Shand’s lawyer told the jury his client was a naive participant who made money driving taxis and didn’t know he was doing anything illegal.
The prosecution alleges Patel and Shand were part of a smuggling ring that brought people from India to Canada on student visas, then snuck them across the border into the U.S.
Patel would stay in Florida or nearby states, organizing things, while Shand would fly to Minneapolis, drive to areas near the border and pick people up after they had crossed from Canada, the prosecution said.
On Jan. 19, 2022, U.S. border patrol agents found a van driven by Shand in rural Minnesota, with two migrants inside, court previously heard.
A border patrol agent testified earlier this week that agents found seven migrants believed to have been part of the same group that day. One migrant had a backpack with children’s clothing and diapers, which prompted another search.
Hours later, RCMP found the bodies of the Patel family — Jagdish, 39; his wife, Vaishaliben, 37; their 11-year-old daughter, Vihangi; and their three-year-old son, Dharmik. The boy’s body was cradled in his father’s arms.
Patel is a common name in India and the family is not related to Harshkumar Patel.
Earlier Thursday — the fourth day of the trial — the jury was presented with phone, banking and other information that the prosecution says shows the two accused frequently discussed plans to sneak people across the border.
A cellular communications analyst with the Federal Bureau of Investigation testified about records tracking two phones — allegedly Shand’s — that travelled on multiple occasions from his hometown in Florida to Minnesota and then to an area near the border.
FBI special agent Nicole Lopez said during those trips, there were many calls to and from phones the prosecution says belonged to Patel.
Under cross-examination by Shand’s lawyer, Lopez said cell records, which are based on towers used, offer a general location and cannot offer pinpoint accuracy.
Shand’s lawyer also said the evidence doesn’t prove his client was using the phone.
“You don’t know who actually possessed the cellphone at any given time, correct?” Aaron Morrison asked.
“Correct,” Lopez replied.
Bodies too frozen for immediate autopsies
The trial also heard Thursday from two forensic pathologists, who testified the Patel family died from hypothermia.
One pathologist said the autopsies had to be done after a few days because the bodies were too frozen.
Prosecutors spent some time Thursday establishing links between Harshkumar Patel and similar names on various documents.
The phone alleged to be his is listed under “Dirty Harry” on the phone allegedly belonging to Shand. Phone company records show one of the phones alleged to be Harshkumar Patel’s was registered to a Haresh Patel.
A special agent with Homeland Security testified the phone number attributed to Dirty Harry is identical to one used four years ago by Harshkumar Patel on a government document. The Dirty Harry number was also used to open a bank account in 2018 under the name Haresh Patel, said special agent Manuel Jimenez.
Jimenez also presented bank records that show large sums of money were deposited, around the time of the 2022 border crossings, in an account allegedly held by Shand in his hometown in Florida.
The jury is scheduled to receive instructions from the judge on Friday.
