Homicide Ruling in Death of Blind Refugee Left by Border Patrol

Nurul Amin Shah Alam, a nearly blind Rohingya refugee from Myanmar, died on February 24 after being left in a Tim Hortons parking lot by Border Patrol agents. His death has been ruled a homicide due to complications of a perforated duodenal ulcer precipitated by hypothermia and dehydration.

Shah Alam had wandered into the backyard of Tracy Chicon, a white resident in Buffalo, while disoriented. According to The Guardian, Chicon called police describing him as 'an unidentified Black man' who damaged her shed door with a curtain rod he used as a walking stick.

The Erie County Medical Examiner's Office clarified that the term 'homicide' refers to actions or negligence causing death, not criminal intent. New York Attorney General Letitia James is investigating the circumstances of his death, stating that Shah Alam 'fled genocide to build a life in this country. Instead, he was abandoned and left to suffer alone in his final hours.' Erie County Executive Mark Poloncarz stated that the incident should not have happened but declined to comment on Border Patrol's responsibility.

Shah Alam had resettled in Buffalo with his wife and two sons after fleeing decades of persecution in Myanmar. He was arrested on February 15 for an altercation with police involving curtain rods used as walking sticks. According to PBS, Shah Alam bit two officers during the struggle, but family advocates claimed he did not understand commands due to language barriers.

The Department of Homeland Security (DHS) denied any responsibility for Shah Alam's death, stating it 'had nothing to do with Border Patrol' and called the findings 'another hoax being peddled by the media'. However, New York Congressman Tim Kennedy urged DHS to cooperate fully with the attorney general's investigation.

Immigrant advocates have called for justice for Shah Alam. The Erie County Health Commissioner Gale Burstein noted that Shah Alam developed a stress ulcer due to dehydration and exposure to cold. Surveillance video obtained by the Investigative Post showed Shah Alam walking carefully through the Tim Hortons' empty parking lot in his county-issued jail booties before he was found dead near the downtown sports arena several miles away.

In response, a US Customs and Border Protection (CBP) spokesperson told BBC it was 'another hoax being peddled by the media and sanctuary politicians to demonize our law enforcement.' Buffalo Mayor Sean Ryan described Shah Alam as 'a vulnerable man - nearly blind and unable to speak English'. New York Governor Kathy Hochul said every individual involved in the man's death 'must be held fully accountable'. Erie County District Attorney Mike Keane and New York State Attorney General Letitia James said their offices were reviewing the facts.

The temperature in Buffalo averaged 35F (2C) on the day he was released, and dropped to an average of 20F by the day he was found dead, according to the National Weather Service. CBP also stated that Shah Alam had a 'violent criminal rap sheet'.

Shah Alam's son told Reuters his father's arrest last year had been due to a misunderstanding with police officers. Video from body-worn cameras released by Buffalo police shows the man holding two black rods when officers appear, and repeatedly saying 'sorry'. When he does not drop the rods after repeated requests to do so, the officer deploy tasers, and he walks forward swinging the rods until one officer wrestles him to the ground.