FERGUS FALLS, Minn. - In a shocking turn of events, two men convicted in the harrowing case surrounding the deaths of an Indian family who froze while attempting to cross the Canada-U.S. border in Manitoba are now appealing for acquittal or a new trial.

Florida resident Steve Shand and Indian national Harshkumar Patel, who was arrested in Chicago, were found guilty by a Minnesota jury in November 2023 on all four counts against them, involved in a tragic human smuggling operation that led to the death of the Patel family.

The Tragic Incident and Allegations

The prosecution painted a dark picture during the trial, asserting that Shand and Patel were integral parts of a nefarious smuggling ring transporting individuals from India to Canada on student visas before sending them illegally across the border to the United States on foot. They were charged with carrying out multiple smuggling attempts between December 2021 and January 2022.

The dire incident occurred on January 19, 2022, when the temperature plunged to a bone-chilling -23 °C, but the wind chill made it feel even colder. Shand was apprehended while driving a van on a desolate road just south of the border during a fierce blizzard. Inside the van were two adult migrants; additional individuals were later discovered on foot nearby.

Tragically, hours later, the frozen bodies of Jagdish Patel, 39; his wife Vaishaliben Patel, 37; their 11-year-old daughter, Vihangi; and their three-year-old son, Dharmik, were uncovered in a field mere meters from the U.S. border. Notably, the family bore no relation to Harshkumar Patel.

Fight for Justice Continues

In a bold legal move, the lawyers for both Patel and Shand submitted separate motions on January 4, 2025, to the United States District Court of Minnesota. They argued that the evidence presented during the trial failed to prove their clients’ guilt beyond a reasonable doubt.

Patel’s attorney, Thomas Leinenweber, contended that there was no conclusive evidence demonstrating that Patel had any knowledge of the illegal activities he was accused of, or even that he knew the individuals crossing the border were undocumented. He emphasized that the prosecution did not present any forensic evidence establishing Patel’s guilt.

Moreover, Patel’s motion highlighted a procedural flaw in the joint trial, arguing that being tried alongside Shand was unfair since the defense strategy revolved around portraying Shand as an innocent taxi driver – effectively forcing Patel to contend with two parties trying to implicate him. His lawyer described this situation as “irreconcilable with Patel’s right to a fair trial.”

Shand’s motion echoed these sentiments, asserting that the evidence was inadequate and claiming the government had failed to disclose critical evidence in a timely manner, which could have altered the trial's outcome.

Awaiting Sentencing

Despite the dire implications of their actions that led to the deaths of an innocent family, both Patel and Shand are expected to face sentencing scheduled for March. This devastating case has raised critical questions about human smuggling operations and the risks faced by vulnerable migrants trying to reach safety.

As legal battles continue, this tragic story remains a stark reminder of the dangers lurking at the borders and the lengths individuals will go to for a better life. The world will be watching closely as new developments unfold in this case, questioning whether justice can truly be served.