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human smugglers forced Indian and Romanian families onto boats in bad weather the night they died trying to cross the St. Lawrence, according to a police complaint filed in India that led to charges against three Indian nationals.
The bodies of the two families, consisting of six adults and two children, were pulled from the St. Lawrence on March 30 and 31 near the Kanien’kehá:ka community of Akwesasne after a failed human smuggling attempt to bring him to the US.
Dinesh Singh Chauhan, superintendent of police for Mehsana district in the western Indian state of Gujarat, on Thursday announced charges against two local individuals and a third who may be living in Canada.
The trio, who have not yet been arrested, were charged under four sections of the Indian Penal Code, including causing death by negligence, criminal breach of trust, lying and dishonesty to cause delivery of property and criminal conspiracy, according to a copy of the document. police complaint that triggered the charges.
The police complaint provides details of the last steps in the Indian family’s journey. It said the Indian brokers first created and painted a false picture of the trip by suggesting the family would take a taxi across the border before telling them they had to use a boat at the last moment.
The complaint, obtained by CBC News, also said that Indian and Romanian families were pressured to board boats that repeatedly capsized in rough weather.
The charges in India are the first related to the death of Kali St.
$100K to cross, the complaint alleges
The complaint with Mehsana district police was lodged by Ashvinbhai Galalbhai Chaudhary, brother of Pravinbhai Veljibhai Chaudhary, who was on the boat along with his wife, Dakshaben, and two children, son Mitkumar and daughter Vidhiben. They all hail from Mehsana district.
Ashvinbhai Chaudhary, 40, said he was in touch with the family through mobile phones and WhatsApp messengers until the end before he was thrown into the water.
He said Vidhiben, his nephew, sent him the text message on March 29 around 10pm ET, while he was sitting on the boat.
“The boat did not work every time and the weather was bad. After that, there was no contact with him,” said Ashvinbhai Chaudhary in a complaint translated by CBC News from Gujarati to English.
Chaudhary alleged in the police complaint that his brother was visiting Canada in March with his family when he received a call from two people they knew named Nikulsinh Shamaruji Vihol, who runs a local firm in Mehsana called Bajaj Finance. Shamaruji told his brother that he could bring him to the US for $100,000 Cdn.
“Yes [Nikulsinh Vihol] doing this work,” said Ashvinbhai Chaudhary, according to the police complaint.
Pravinbha Chaudhary then asked his sister to help finance the trip. The younger Chaudhary later raised funds through friends, family and loans. He allegedly handed over the money on the road near a local temple to Nikulsinh Vihol and another man named Arjunsinh Ranjitsinh Chavada, according to the police complaint.
Chavada is the brother-in-law of Sachin Gajendrasinh Vihol, who has allegedly been living in Canada for five years and is a contact in the country, according to the complaint.
After paying, Sachin Vihol allegedly arranged for Pravinbha Chaudhary and his family to fly from Winnipeg to Montreal. Then, they were moved to several places over the next six to seven days, from motels to locations with no running water for showers and little food, according to the complaint. At the same time, the accused smugglers told the Chaudharys that it was not yet safe to cross.
Sachin Vihol kept insisting that he would cross the border in a taxi, but he was waiting for the right time. Then, plans changed. Sachin Vihol told the family he would now take a short boat ride – no more than five to seven minutes, the complaint alleged.
WATCH | The history of smuggling on the St. Lawrence:
The St. Lawrence River has been a blessing and a curse for the Mohawk Nation of Akwesasne, which straddles the Canadian-US border. From tobacco to alcohol and now humans, the river has been a smuggling route for generations. The CBC’s Jorge Barrera shared details about the role of aqueducts in communities.
‘Cajoled’ into a boat in a storm
On the day of departure, a car came to pick up the Chaudhary family. A Romanian family was also in the vehicle. The complaint stated that the Romanian family wanted to cancel due to stormy weather that evening.
Calls went back and forth between Pravinbha Chaudhary and his brother. Ashvinbhai Chaudray tells Nikulsinh Vihol that he does not want his brother to ride the boat.
“About an hour later, my brother called me and said that [Sachin Vihol] had told him that he had to leave on that day and if he did not leave on that day, there would be trouble,” Ashvinbhai Chaudhary said in the complaint.
“He was enticed and invited to have that confidence and ready to come to the United States, my brother trusted and ready to board a boat to cross the river.”
That was the last time Chaudhary spoke to his sister.
According to the complaint, Chauhary called Nikulsinh Vihol after his brother failed to enter and was told to wait. He was later told that his brother and his family had been arrested by US authorities after crossing the river and entering America. Then, Nikulsinh Vihol became dark.
Ashvinbhai Chaudhary discovered on April 1, through social media and news, that his family had died in the river, the complaint said.
Nikulsinh Shamaruji Vihol, Sachin Gajendrasinh Vihol and Arjunsinh Ranjitsinh Chavada are facing charges by the Indian police. None of the men were arrested.
CBC News has not independently verified that a person named Sachin Gajendrasinh Vihol living in Canada may have been involved.
No one has been charged in Canada.
The Canadian investigation into the death is currently being led by Akwesasne Mohawk Police. Eight family members boarded a boat on Cornwall Island, which is part of the Akwesasne region. It is believed to have been launched from the southeast of the island.
Police are continuing to search for 30-year-old Akwesasne resident Casey Oakes, who was last seen in a light blue boat on the evening of March 29.
Multiple agencies, including the RCMP, the Ontario Provincial Police and the Sûreté du Quebec, are involved in the ongoing investigation. Homeland Security Investigations has launched a parallel investigation in the US
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