Pair sentenced in human smuggling case that left Indian family dead on Minnesota border

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More than three years after a family of four from India froze to death while trying to enter the U.S. along a remote stretch of the Canadian border in a blizzard, the convicted 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, who got 6½ years Wednesday with two years’ supervised release.

“The crime in many respects is extraordinary because it did result in the unimaginable death of four individuals, including two children,” U.S. District Judge John Tunheim said. “These were deaths that were clearly avoidable.”

This combination image shows left to right; undated photo released by the Sherburne County Sheriff’s Office shows Harshkumar Patel in Elk River, Minn., and undated photo released by the U.S. Immigration and Customs Enforcement shows Steve Shand. (AP Photo)

Patel’s attorney, Thomas Leinenweber, told the court before sentencing that Patel maintains his innocence and argued he was no more than a “low man on the totem pole.” He asked for time served, 18 months.

But the acting U.S. attorney for Minnesota, Lisa Kirkpatrick, said Patel exploited the migrants’ hopes for a better life in America, out of his own greed.

“We should make no mistake, it was the defendant’s greed that set in motion the facts that bring us here today,” she said.

Patel, in an orange uniform and handcuffed, declined to address the court. He showed no visible emotion as the sentence was issued. The judge noted that he is likely to be deported to his native India after completing his sentence. He cooperated as marshals handcuffed him and led him from the courtroom.

Shand, who had been free pending sentencing, showed no visible reaction to his own sentence, either. The judge ordered him to report to prison July 1 and agreed to recommend that he serve his sentence at the Federal Prison Camp in Pensacola, Fla., where he can be near his family.

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 U.S. citizen, 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 U.S. 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 Jan. 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.

Harsh blizzard 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.

Undated courtesy photo of the Patel family, who were found frozen to death Jan. 19, 2022 as they attempted to illegally cross the border into the United States from Canada. The Royal Canadian Mounted Police found the bodies of Jagdishkumar Patel, 39; his wife, Vaishaliben Patel, 37; their daughter Vihangi Patel, 11; and son Dharmik Patel, 3, about six miles east of Emerson, Manitoba. The RCMP later determined the family members had died of exposure. Steven Shand, 47, of Deltona, Fla., was indicted on two counts of human trafficking after he was found transporting other people nearby who illegally crossed into the U.S. from Canada, in northwestern Minnesota on Jan. 19, 2022. (Courtesy of the Royal Canadian Mounted Police)

A nearby weather station recorded the wind chill that morning at 36 degrees below zero.

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.

What prosecutors say

Kirkpatrick told reporters after Wednesday’s hearing that as a lifelong Minnesotan, she would not have gone out in that weather. “But the defendants sent into that weather 11 migrants — Indian nationals who were not dressed appropriately, were ill-prepared for the weather they faced that night,” she said.

Kirkpatrick pointed out that the family who died had walked for hours trying to find Shand, who had been sent by Patel.

“These defendants knew it was cold. In fact, they knew it was life-threatening cold,” she said. “They didn’t care. What they cared about was money, and their callous indifference to the value of human life cost a family of four their lives.”

What defense attorneys say

Patel’s attorney, Leinenweber, said his client will appeal but declined to speculate on what grounds.

“He had kind of resigned himself to the fact that the sentence would be longer than he had hoped,” the attorney said. “And he’s not happy with it. But he does wish to appeal and take advantage of his rights.”

Shand’s attorney, federal defender Aaron Morrison, did not talk to reporters afterward.

Morrison acknowledged in a presentencing filing 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.

Human smuggling at the northern border

A top regional U.S. Customs and Border Protection official told reporters Wednesday that human smuggling along the border in the area has been holding “fairly steady,” with no sharp increases or decreases.

“We hope that this is a strong message, and especially during the inclement months,” said Michael Hanson, the acting chief patrol agent for the Grand Forks, N.D., sector, which covers North Dakota and Minnesota. “You know, there very well could have been 11 deaths associated with this event.”

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Angry with electrical utility, Iron Range official cuts wire, knocking out power to 3 towns

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An Iron Range city councilor who has a “long and contentious history with Minnesota Power” allegedly cut a wire on his property last week, knocking out power to three towns.

Joseph Christopher Vaida, 63, of McKinley, faces three felony charges after reportedly disrupting the utility’s service to the city and neighboring communities of Gilbert and Biwabik.

Vaida, according to a criminal complaint, had demanded Minnesota Power remove the wire from his property a week earlier. He was reportedly arrested near the scene with wire cutters and an ax, while the severed wire was found wrapped in barbed wire “to hinder any attempts to investigate or repair the damage.”

Joseph Christopher Vaida, 63, of McKinley

According to court documents:

A Minnesota Power employee spoke with the St. Louis County Sheriff’s Office days before the incident.

The representative said Vaida contacted the company May 12 to complain that he believed a guy wire for a power pole was anchored on his property, outside of an easement, and that the utility had seven days to remove it or he would cut it down.

A guy wire is a tensioned cable that runs diagonally from a freestanding pole to add stability. Minnesota Power indicated the easement had been in place on Vaida’s property since 1990 and that the company was looking into the issue but wouldn’t be able to resolve it within a week.

A sheriff’s deputy spoke with Vaida, who responded: “Nope, they don’t got no time.” He began listing other issues he had with the utility and said he doesn’t “give a s—” because “Monday at noon it’s going down, period.”

The deputy advised Vaida he would be criminally charged if he caused damage to the wire and recommended he resolve the situation in court, to which he replied, “Don’t even go there with me,” and ended the phone call. He then called Minnesota Power to reiterate his demand.

The power was knocked out to the three cities shortly after noon May 19. Crews were able to quickly restore service to Gilbert and Biwabik, but indicated they would not go to Vaida’s McKinley property to fix the pole until he was located. A representative also said the ground around the pole was hazardous and could potentially electrocute anyone who got too close.

Deputies went to Vaida’s home and stopped him driving a pickup truck nearby, finding metal cutters and an ax inside the vehicle.

Minnesota Power employees ensured the area was safe and led a deputy to the cut wire, which was surrounded by “no trespassing” signs and barbed wire. It also appeared there had been recent digging in an attempt to remove the anchor from the ground.

St. Louis County prosecutor Aaron Welch told the court Vaida has engaged in “many instances of intimidating and disorderly conduct toward Minnesota Power employees.”

“The defendant’s behavior presents a clear risk to the safety of the public and Minnesota Power employees,” Welch said. “His entirely needless acts damaged critical infrastructure, causing disruption to the citizens of a significant portion of the community, so say nothing of the risk of harm to himself and starting an additional forest fire.”

Vaida was arraigned last week on charges of damaging utility property, damaging an electric line and first-degree property damage with a foreseeable risk of bodily harm.

Judge Robert Friday set bail at $10,000 with conditions or $50,000 without. Records show he was released on bond after making his initial court appearance Thursday. His next court date was set for June 9.

Vaida was elected to the McKinley City Council with 37 votes in 2018, one of two candidates victorious from a field of three. He was reelected in 2022 with 26 votes; no other names appeared on the ballot, but 52 write-in votes were cast.

McKinley, which is about 8 driving miles east of Virginia, had a population of 103 at the 2020 Census.

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Frost fans salute their PWHL champions

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One by one, Frost players made their way onto the stage at Xcel Energy Center on Wednesday night as they were introduced at the start of the ceremony celebrating the team’s second consecutive PWHL championship.

Each one wore a big smile and a black T-shirt with an interesting message printed across the front: Minnesota vs. Everyone.

The shirts were made up in response to the rough treatment first-year player Britta Curl-Salemme received from fans in Ottawa following her game-winning goal in overtime in Game 2 of the best-of-five PWHL Finals.

Curl-Salemme had made a similar comment in the locker room following the game, and the message resonated with her teammates. Now, with their second title in hand, there can be no debate — the Frost do indeed stand apart from the rest.

St. Paul Mayor Melvin Carter reiterated the point as he spoke to the crowd on what he proclaimed to be Minnesota Frost Day.

“We refer to them as the PWHL champion Minnesota Frost,” the mayor said. “But we need only to say the PWHL champion, because they are the only ones to win it.”

And only those who were in the locker room truly know what it took to make it happen.

“When you start this journey as a professional athlete, the goal is to win a championship,” said Frost captain Kendall Coyne Schofield. “That’s the vision, the mission, from Day 1. So to see it through two years in a row is very special.

“Being in many championship settings, I realize that I hate losing more than I like winning. It’s something that drives me. It’s been a special year to say the least.”

Wednesday’s event ended with the players sticking around to sign autographs, and not one of them offered any hint that they were in a hurry to leave.

Watching Lee Stecklein patiently work her way through the crowd of well-wishers, one couldn’t help but sense that the 31-year-old Roseville native truly was living a dream. The former Gophers star has spoken often about how grateful she is to be able to be playing professionally in a stable league.

And to be doing it in her hometown.

“I was thinking the other day, I was lucky enough to win a state championship in this building 10 years ago,” Stecklein said. “To think I would be back here to play in a professional league and to win a championship here, it really is incredible.”

Stecklein was not named the most valuable player in the playoffs, but she certainly was deserving. She led all scorers with four goals and four assists while continuing her role as a shut-down defender.

“Lee Stecklein is one of the greatest defenseman to ever play this game,” Coyne Schofield said. “People don’t talk about it enough. If you look at Lee’s track record, she has won at every level she’s played at.

“It’s not because Lee Stecklein’s been on great teams; it’s because Lee Stecklein had made teams great. I can’t emphasize that enough. I know I wear the ‘C’, but she’s the backbone of this team.”

Stecklein said she feels she is still playing at the top of her game.

“Some things change, some things are harder than before,” Stecklein said. “But getting to play in a league like this, with the staff that we have, you’re able to keep getting better in so many ways.

“I think any competitor will say you want to keep improving. Whether it’s my best or not, I’ll never know. But I know there’s still things I can work on.”

Change comes with every passing season, but it figures to hit the Frost especially hard with the upcoming expansion draft. Credit should continue to go to former Frost general manager Natalie Darwitz, who did a masterful job of putting together a championship-caliber roster prior to last season.

That foundation was added to by coach Ken Klee, who ran last year’s draft while continuing to push the right buttons behind the bench.

“You look at the roster we had last year, and it was so deep,” Steckelin said. “So to come in this year and to be able to add players like Britta Curl and Claire Thompson, I mean …

“And then down the line with people I didn’t know as well. Brooke McQuigge, Katy Knoll, and continuing to add depth with amazing players who got better as the year went on, which was incredible.”

With no final MN budget deal in sight special session now likely in June

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As the Minnesota Legislature blew its deadline to pass a $66 billion budget last week, legislative leaders and Gov. Tim Walz said they hoped lawmakers would return to the Capitol for a special session to enact new state spending by the end of May.

That’s looking less likely by the day as disagreements over a budget framework deal reached by leadership continue to slow progress. As of Wednesday, lawmakers working in mostly private groups hadn’t produced any major public progress on two-thirds of state general fund spending — K-12 education, health and human services.

If there isn’t a state budget by June 1, thousands of state employees will start getting layoff notices warning of a potential government shutdown on July 1. Lawmakers must pass a budget by the end of June or the government runs out of funding.

“Even though it’s slower than we would like, things are going well,” Republican House Speaker Lisa Demuth said at her last availability with the media last Thursday. Nearly a week later, there had been little extra progress.

House Speaker Lisa Demuth (Courtesy photo)

Special session

There was hope that there might be some kind of deal by the end of Memorial Day weekend. Now it looks like lawmakers won’t return until next week at the earliest.

Even if they reached a deal on all budget items on Thursday, final preparations might take at least 24 hours after bills are posted. The governor said he won’t call a special session until all legislation is ready to go.

There are a few areas of spending the Senate and House passed at the end of session — public safety, agriculture, housing and veterans affairs bills passed. But the biggest parts of the state budget remain unsettled. Deals on taxes, transportation and energy remain elusive as well.

A “global deal” on the budget announced two weeks ago by the Democratic-Farmer-Labor-majority Senate, DFL-GOP tied House and the governor has been troubled by disagreements over finer details.

Senate Majority Leader Erin P. Murphy. (Courtesy of the Minnesota Senate)

There has also been public opposition to a provision cutting state-funded health care for adults in the U.S. without legal status. DFLers ranging from self-described progressives to moderates say they oppose the change, which Republicans asked for in top-level negotiations.

Opponents gathered outside the governor’s office in the Capitol to protest the cuts on Tuesday, Forum News Service reported. While they oppose the cuts, Walz, House DFL Leader Melissa Hortman and Senate DFL Majority Leader Erin Murphy have indicated they’ll support them in order to prevent interruption of other state services.

Not ready to move forward

It’s hard to tell how close members are to a deal.

Discussions have mostly been happening in private “working groups” on various budget areas rather than committees. One of the few groups that is public is working on taxes, which has shed some light on the difficulties in the process.

Lawmakers working on the taxes bill weren’t in complete agreement last week about how the agreement will shape their decision-making.

Sen. Ann Rest, DFL-New Hope, said they’d seek further guidance from leaders on how to proceed. And this Tuesday, she showed frustration with House lawmakers who didn’t appear to be ready to move forward with their own offer.

Sen. Ann Rest.

“Let it be known to our leaders that the House cannot even accept their own proposal,” said Rest, the Senate Taxes chair, as the committee went into recess.

Unique dynamics of co-leaders from both parties in the House working with the DFL majority in the Senate have complicated negotiations. The last time the House was tied was in 1979. Murphy called the House a “two-headed monster.”

Working groups have already passed their leadership-imposed May 21 deadline to finish work on bills, so leaders from both parties said they are getting more closely involved. It’s possible they could take control of bills from committee chairs.

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