DETROIT – A Novi restaurant owner charged with harboring five illegal aliens who died in a basement fire last month was released from custody Wednesday over the objections of government attorneys.
Roger Tam, 55, and his wife, Ada Lei, 48, is charged with conspiracy to conceal, harbor and shield aliens for economic gain. If convicted, they face maximum penalties of up to 10 years in prison and a $250,000 fine.
Lei was hospitalized from an unrelated issue and will surrender at a later time. Tam was released from custody after a detention hearing Wednesday, surrendered his passport and will be electronically monitored by a tether.
Government attorneys raised objections saying Tam is a significant flight risk. There is a possibility that he will be indicted on harsher charges down the road.
U.S. attorney Brandon Boling told the magistrate that investigators intend to soon indict Tam with harboring resulting in death which carries a penalty of death or life in prison.
Tam’s defense said there is no risk because Tam’s life is here in Novi. With his freedom, he plans to reopen his restaurant, hiring new workers, presumable U.S. citizens or documented aliens.
“His family is here,” Tam’s defense attorney Ray Cassar said. “His business is here since 1989. This man is not going anywhere.”
Government attorneys say Tam was running a flop house in the basement of his Novi home, housing five men in two rooms with no fire extinguisher, a disabled smoke alarm and no emergency exit. Chairs obstructed the only stairwell.
Tam’s attorney said this was not a flop house.
“He made them breakfast,” Cassar said. “They ate together. This was like a family situation.”
The victims died Jan. 31 while trying to escape a fire in the home on Mystic Forest Drive. The medical examiner’s office ruled their deaths accidental by smoke and soot inhalation.
The men were identified as Leonel Alvarado Rodriguez, 18, Pablo Alvaro Encino, 23, Miguel Nunez Diaz, 23, Brayan Alexis Medina Contreras, 16, and Simeon Diaz Nunez, 18.
They all worked at Kim’s Garden, owned by Tam, and worked 12 hours a day, six days a week for $2,000 a month, according to the criminal complaint.