Thedeath of a nearly blind refugeefrom Myanmar who had been missing for several days after U.S. Border Patrol agents left him outside a Tim Hortons restaurant in upstate New York has been ruled a homicide, officials announced Wednesday, April 1.
Nurul Amin Shah Alam, 56, was found dead on Feb. 24 near the KeyBank Center in downtown Buffalo, New York, in freezing weather, according to officials. Erie County Executive Mark Poloncarz said it was unclear how Shah Alam got to the sports arena, which is where the National Hockey League's Buffalo Sabres play, and that officials did not have information on how long he had been there before his body was discovered.
TheErie County Medical Examiner's Officedetermined Shah Alam's death was caused by complications of a perforated duodenal ulcer precipitated by hypothermia and dehydration. The medical examiner's office said his death was ruled a homicide because it resulted from the "volitional act of another, which may include negligent acts or omissions."
The medical examiner's office noted that the designation of homicide "does not imply intent to cause harm or death" and that the determinations of the manner of death are "neutral, non-legal, and exist for vital statistical purposes, only."
"I want to express my deepest condolences to the family of Mr. Amin Shah Alam for the death. It should not have happened, simple as that. The death was one that we believe could have been prevented," Poloncarz said at anews conferenceon April 1.
Poloncarz added that he was unable to comment on whether the Border Patrol was responsible for Shah Alam's death and said any conclusions would be up to law enforcement agencies, such as the Erie County District Attorney's Office.
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Family member: Arrest due to misunderstanding with police
Shah Alam, who was an Erie County resident and from a family of Arakan Rohingya refugees, did not speak English and walked with a cane. He had been missing since Feb. 19, when Border Patrol agents dropped him off outside a Tim Hortons restaurant miles from his home.
Border Patrol had briefly detained Shah Alam after he was released from a county jail, where he had spent much of the last year awaiting trial on criminal charges that resulted in a misdemeanor plea deal. Mohamad Faisal, one of Shah Alam's children, previously told Reuters that his father's arrest about a year ago was due to a misunderstanding with police officers.
Shah Alam had been out for a walk and had been using a curtain rod he purchased as a walking stick, Faisal said. He said his father then got lost and walked onto the property of a Buffalo resident who called the police.
When Shah Alam did not understand police commands to drop his curtain rod, they arrested him, according to Faisal. "Nobody told me or my family or attorney where my dad was dropped off," Faisal added.
The Erie County District Attorney's Office said Shah Alam was arrested following an incident that resulted in minor injuries to two Buffalo police officers. Shah Alam was released on bail this month after agreeing to a plea deal, according to the district attorney's office.
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A U.S. Customs and Border Protection spokesperson said agents had dropped Shah Alam off at the Tim Hortons after they determined he had entered the country as a refugee and could not be deported. At the time, temperatures in Buffalo were below freezing.
"Border Patrol agents offered him a courtesy ride, which he chose to accept to a coffee shop, determined to be a warm, safe location near his last known address, rather than be released directly from the Border Patrol station," the agency said. "He showed no signs of distress, mobility issues or disabilities requiring special assistance."
At the time of Shah Alam's death, the Department of Homeland Security said in a statement on X that the death had "nothing to do" with Border Patrol and called the story "another hoax being peddled by the media and sanctuary politicians to demonize our law enforcement."
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'He was abandoned and left to suffer alone'
At the time of the incident, Buffalo Mayor Sean Ryan said in a statement that Shah Alam's death was preventable and the result of "inhumane" decision-making by federal immigration authorities.
"A vulnerable man — nearly blind and unable to speak English — was left alone on a cold winter night with no known attempt to leave him in a safe, secure location," Ryan said. "That decision from U.S. Customs and Border Protection was unprofessional and inhumane."
During the April 1 news conference, Burstein said the official autopsy and report on Shah Alam's death could not be publicly released due to New York state law. But Erie County Health Commissioner Gale Burstein said Shah Alam developed a "stress ulcer" that had burst, and the "stress was felt to be hypothermia, being in very cold temperatures and dehydration, so no access to liquids."
"That is a medical emergency and if that is not repaired in a short period of time, it can cause death, which is what we have seen in this instance," Burstein said at the news conference.
Shah Alam's death sparked outrage over the treatment of immigrants in PresidentDonald Trump's contentious immigration enforcement. Other than Shah Alam's case, at least 14 people have died in immigration custody this year, according to Reuters.
In a statement on April 1,New York Attorney General Letitia Jamessaid her office would continue to review the "circumstances and treatment" that led to Shah Alam's death.New York Gov. Kathy Hochulalso called for accountability in the case and said her office was in contact with the local district attorney.
"Mr. Shah Alam fled genocide to build a life in this country. Instead, he was abandoned and left to suffer alone in his final hours," James said in a statement.
Contributing: Reuters
This article originally appeared on USA TODAY:Death of nearly blind refugee in Buffalo ruled a homicide: Officials
Thedeath of a nearly blind refugeefrom Myanmar who had been missing for several days after U.S. Border Patrol agents left...
