Charges: 3 Canadian Men Attempt To Illegally Enter US By Swimming
MINNEAPOLIS (WCCO) – Three men from Canada are facing charges for attempting to illegally enter the United States by swimming across a river in northern Minnesota.
Richard Andrew Davids, Walter David Duncan and John Craig Zdybal are each being charged with conspiring to bring in and harbor aliens in the United States.
According to the criminal complaint, on Aug. 10 the Supervisory Customs and Board Protection Officer Brian Cooley received a call from an anonymous person stating that Duncan was planning to enter the country illegally with the assistance of Davids and Zdybal.
The caller told Cooley that Duncan was unable to enter the U.S. due to his prior criminal record.
The caller described Duncan's plan in detail, stating that Duncan planned to fly from Toronto to Thunder Bay, from which he would swim across Pigeon Rivers into Grand Portage, Minnesota.
In the meantime, the caller advised that a rental car would cross into Grand Portage through the port of entry and go to the Grand Portage Casino. After a roughly four hours, the car would drive to Ryden's Gas Station where Duncan would be waiting in a ditch area after swimming across the river.
The criminal complaint states Duncan chose this method because he had successfully entered the country this way four of five times before.
The anonymous person also called the Grant Portage port of entry to provide names of Duncan's co-conspirators.
According to the criminal complaint, at 6:18 a.m. on Aug. 15, Davids drove through the Grand Portage Port of Entry. He stated his reason for visiting was to go to the Grand Portage Casino.
Davids was allowed to pass, but the officer on duty notified the U.S. Border Patrol of his entry and his car was kept under surveillance.
According to the criminal complaint, Davids went to the casino and after some time left and drove north on Minnesota Highway 61. He was then later seen driving into a gas station with two additional occupants. Agents recognized one of the occupants as Duncan.
Patrol agents then arrested Davids, Duncan and the third passenger, later identified as Zdybal. At the time of arrest, Duncan and Zdybal were both wet.
During his interview, Davids told ICE/HIS special agents that he had known Duncan for a long time, as he had previously worked for him. Davids said he was approached by Duncan, who offered Davids a free trip to Thundar Bay in exchange for help getting him across the border.
According to the criminal complaint, Davids said Duncan, Zdybal and himself flew from Toronto to Thunder Bay. The next day, Davids drove the car through the Grand Portage port of entry to the casino where he would wait. Meanwhile, Duncan and Zdybal would cross the river into the U.S.
After waiting long enough for them to cross the river, Davids would meet them on the side of Minnesota Highway 61. Then they would all drive to Duluth. There, Duncan and Zydbal would rent a car and drive to Chicago to conduct their business.
In his interview, Zydbal confirmed the story.
A criminal history check of Duncan showed he had prior convictions for importing narcotics and sexual assault.
