Two men convicted for human smuggling seek acquittal

The two defendants convicted in a human smuggling case continue to argue for their innocence, filing separate motions for acquittal or new trials to the U.S. District Court in Fergus Falls on Friday.

Harshkumar Patel and Steve Shand stood trial on charges they were involved in the operation that resulted in a family of four from India freezing to death as they attempted to cross the U.S-Canada border in January 2022.

A federal jury found Patel and Shand guilty on all four counts related to human smuggling in November.

A family photo of four
Jagdish Patel, Vaishaliben Patel, Vihangi Patel, and Dharmik Patel were found dead near the U.S.-Canada border during a blizzard.
Courtesy of Royal Canadian Mounted Police

The defendants argue there is insufficient evidence to prove guilt beyond a reasonable doubt.

“The evidence submitted in Court at trial was woefully deficient and the government has failed to meet its burden of proof,” reads Patel’s motion.

Both defendants allege the government did not share materials in a timely manner that may have impacted the credibility of prosecution witnesses, preventing their right to a fair and just trial.

Patel and Shand are currently scheduled for sentencing on March 31. They face up to 10 or 20 years in prison on each count.

Canada US Border Deaths
A border marker, between the United States and Canada is shown just outside of Emerson, Manitoba, on Jan. 20, 2022.
John Woods | The Canadian Press via AP, File

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