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In the Federal Courthouse in Fergus Falls, lawyers delivered final arguments Thursday in the trial of Hari Patel and Steve Shand. They are accused of human smuggling in a case that resulted in a family of four from India freezing to death on the U.S.-Canada border almost three years ago. 

The case is now expected to go to the jury Friday morning.

Before final arguments, the court heard from prosecution witness FBI Special Agent Nicole Lopez, who is a member of the Cellular Analysis Survey Team or CAST. 

She presented a location analysis of phone numbers associated with the two defendants. She mapped information from cell towers to show approximately where the two men were when they communicated with each other in Florida, Minnesota and later Chicago.  

Then Homeland Security Agent Manuel Jimenez told the court how he took the information from Lopez and cross-referenced it with banking information, car rentals, and flight records. He said it shows how the two worked together leading up to the night of the deaths, and beyond. Prosecutors said they were also able to use Patel’s fingerprints to prove that he is the Hari Patel who worked with Shand. 

Jimenz also said the analysis found evidence the driver who dropped off the migrants on the Canadian side of the border was Finl Patel. He was identified by an earlier witness, Rajinder Singh, as the mastermind behind the organization bringing people from Gujerat in India to the U.S.  

Clearly linking the two defendants and the larger smuggling operation is a key part of the government's case.  

In opening statements Tuesday, Leinenweber said there was nothing to connect his client with the case.

In cross examination of Jimenz Thursday, Leinenweber pointed out that while his client’s name was in Shand’s phone, the government has no direct evidence Patel paid for flights, plane tickets, rentals, or anything else. He also said there were no deposits into Patel’s bank or wire transfers. Jimenez pushed back saying the payments were inferred through texts. 

Jimenez was the last prosecution witness. 

Neither of the defendants’ lawyers chose to call witnesses.

Assistant U.S. Attorney Mike McBride presented the government's closing arguments. 

He focused on the four members of the Patel family who perished early in the morning of Jan. 20, 2022, recounting their last moments. 

“They were lost, cold, dying,” he said. “They had to know no one was coming to get them.” 

He reminded the jury of the testimony they heard from 23-year-old Yash Patel, not related to the defendant nor the people who died.  

McBride reminded jurors Yash was out in the storm too that night, walking for hours. 

“He knew to stop walking was to die,” he said.

McBride talked about hearing from the smuggler Rajinder Singh about the need for people on the ground to make the system work and McBride said in this case those people were Hari Patel and Steve Shand.

Patel’s other attorney Thomas Plunkett tried to place the blame for the situation on Shand, saying when he lied to authorities after he was caught, it resulted in no emergency response. It would be hours before the Patel family’s bodies were found.

He also described Rajinder Singh the professional smuggler as a professional liar. Plunkett then denied that his client was the so-called “Dirty Harry” mentioned in the evidence gathered by the government. 

Federal defender Aaron Morrison presented the final argument for Steve Shand. He said his client was naïve and was only trying to extend business for his taxicab company. Morrison claimed the smuggling organization took advantage of his client. He also pointed out that the family who died had willingly traveled from India and Shand should not be blamed for that. He finished by calling it “a great horrible international tragedy.”

As the afternoon drew to a close, defense attorney Plunkett made a motion to declare a mistrial. However, Judge John Tunheim quickly denied the motion.

Earlier in the day it seemed likely the jury would get the case, however, during closing arguments Judge Tunheim announced deliberations will begin Friday morning after final instructions.

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Mathew Holding Eagle III

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After hearing three and a half days of testimony, the jury in a federal human smuggling case will begin deliberating judgement Friday. Two Florida men face charges alleging they brought migrants from India into the U.S. illegally.

Closing arguments delivered in federal human smuggling case

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