AP, BUFFALO, New York
In the moments after US Border Patrol agents dropped him off at a Buffalo, New York, doughnut shop, surveillance video recorded Nurul Amin Shah Alam stepping gingerly through the empty parking lot in his county-issued jail booties. He pulls up his hood against the cold as he walks past a drive-thru window, then paces away into the night.
Five nights later, the nearly blind refugee from Myanmar was found dead in the street, raising questions about whether federal agents could have done more to ensure his safety when they released him from custody, kilometers away from his home, without informing his family or lawyer.
Photo: Reuters
The video obtained by the Investigative Post shows Shah Alam, 56, after agents dropped him off at a Tim Hortons on the night of Feb. 19, the day he was released from a county jail where he had been held for a year.
Buffalo Mayor Sean Ryan has said the restaurant was closed at that time.
The non-profit news site said the footage it obtained shows Shah Alam being let out of the Border Patrol van, which can be seen driving away, then walking by the restaurant’s locked front door.
US Customs and Border Protection said last week that agents chose “a warm, safe location” for the drop off.
Shah Alam was found dead on Tuesday last week outside the arena where the NHL’s Buffalo Sabres play. A woman called 911 to report his body lying on the sidewalk. It was unclear how he got to that downtown spot from the restaurant several kilometers away. Buffalo police were reviewing footage throughout the city to identify his movements.
The county medical examiner was investigating the cause of death.
US Customs and Border Protection have said agents offered Shah Amal “a courtesy ride” to a location near where his family had once lived, and that he had accepted the ride and showed no signs of distress or disability.
The agency did not respond to an e-mail seeking comment on Friday.
Buffalo Police had no updates on Friday, but on Thursday released body-camera footage of last year’s incident that led to Shah Alam being jailed for a year.
In the videos, police approach Shah Alam in a snowy backyard as he holds what appear to be two curtain rods. An approaching officer shouts: “What are you doing?” and “Put it down” multiple times. Shah Alam, dressed in a hoodie, walks toward the officers, occasionally holding out his hand.
Advocates for the family say Shah Alam wandered into the wrong property when the police were called and that he did not understand the officers’ commands because he did not speak English.
In the body camera videos, one officer says: “I’m going to shoot you, dude” before firing Tasers and then taking him to the ground in a struggle and cuffing his hands behind his back.
Police said Shah Alam had bitten two officers.
Shah Alam was initially charged with felony assault, burglary and criminal mischief charges. A federal immigration detainer was issued after his arrest.
The Legal Aid Bureau of Buffalo said “a strategic decision” was made not to post bail after his arrest over fears he would be taken into custody by immigration officials.
However, lawyers advised Shah Alam’s family it was safe to post bail after he pleaded guilty Feb. 9 to two lesser, misdemeanor charges.
He was released from the Erie County Holding Center on Feb. 19 after posting bond. The county sheriff’s office informed the US Border Patrol about his pending release because of the immigration detainer.
Agents arrived before he was released, attorneys and government officials said.
He was dropped off at the Tim Hortons that night.
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