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Wrong Information! Tourist shares ‘Exceptional Circumstances’ to escape 12 Years for Gun and Ammo

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Wilkie Arthur

Freelance Court Reporter

 

Unusual Proceeding

#TurksandCaicos, August 14, 2023 – Alex Nash, the 36-year-old American man who last Friday appeared before The Hon. Justice Chris Selochan with intention to plead guilty to an alleged firearm and ammunition found in his possession while leaving the country on July 17th 2023, at the Providenciale/Howard Hamilton International Airport, Turks and Caicos Islands.  However, before being arraigned and pleading guilty, the learned the judge in a practice that is not customarily seen in the Turks and Caicos, begun by asking the accused a few questions directly and not through his lawyer.

He asked him about being advised concerning the matter he intends to plead to. He asked him about his awareness regarding the consequences of the matter he intends to plead. Do you understand the possible punishment you can receive as it relates to these offenses? The accused answered yes to all questions, he was advised by his attorney Ms. Sheena Mair. “He knows the consequence and he accepts responsibility and he’s doing this on his own free will.”

Pleading Guilty

The judge then went on to have the charges read to him. Nash pleaded guilty to possession of a firearm and illegal possession of 20 rounds of ammunition for a gray and black TP 9mm firearm and 20 rounds of ammunition for that firearm.

Exceptional Circumstance

Having pleaded guilty, the judge invited Sheena Mair, Nash’s Human Rights attorney to go straight into her submission. She did and had filed a written submission pertaining to exceptional circumstances.

Ms. Mair proceeded to explain to the judge what amount to “exceptional circumstances” in this case to enable him to depart from the mandatory minimum sentence of 12 years imprisonment for the visiting tourist.

One of the judge’s main expressed concerns were, that, it was legal for her client to have a firearm in his house in the state of Kentucky but if he was moving the firearm, he was supposed to have some sort of permit or permission to you to carry it.

It was mentioned that Alec Nash did not have this permit or permission, but the defendant explained to the judge through his counsel, that he would only need that permit or permission if he was carrying it on him, in his pocket, pants or on a holster but not to carry it from one spot to the next.

It was explained it had to be in a locked box with the magazine outside the gun. This is how it was transported from his house through the airport to the Turks and Caicos Islands. The firearm was properly secured in a locked box.

Ms. Mair explained to the judge that her client was told, when he contacted the airlines that he could travel to the TCI with his gun. They further told him when he reached the Turks and Caicos Islands there will become a special area for him to pick up this gun. He checked when he arrived in TCI. He inquired of the agents here in TCI on where he can pick up his firearm that’s in his luggage. The agents told him all luggage were on the belt, so he then proceeded to the belt and found his luggage there, picked it up and proceeded to the hotel at Rock House where he lived along with his girlfriend.

Ms. Mair told the court that he has no previous conviction in the United States. He did not try to conceal the firearm when travelling to the Turks and Caicos nor on his departure, he made inquiries and was given wrong information.

Ms. Mair submitted a number of case s in support of why the judge should find that there are ‘exceptional circumstances’ to depart from the mandatory minimum sentence of 12 years imprisonment including three local case authorities, two of them being very recent as of this year.

Precedent Set

One from November of 2019 where the then Hon. Chief Justice Mrs. Margaret Ramsey-Hale sentenced a 73 years old retired, disabled, decorated American war veteran, who served as a Navy Seal to $20,000 or one year imprisonment.

The defendant, Aloysius Ebner who was injured in combat, ran his boat aground near an uninhibited Cay namely Big Sand Cay close Salt Cay. He had a number of guns and ammunition in his boat until he admitted to disposing about some seven rifles in deep water when he realized his boat was having problems.  A cache of seven pistols, a shotgun and 8,000 rounds of ammunition were confiscated.

The man was heading back home to the US from the Dominican Republic; he did no jail time in the Turks and Caicos for the major offence which at the time carried a mandatory 7-year prison term.

In a second case, from March 2023, David Carrol O’Connor was found with 44 rounds of ammunition at the Providenciales International Airport, and he entered a guilty plea around two months later.  Justice Tayna Lobban Jackson sentenced him on May 16 to a fine of $6,670.00 or 90 days imprisonment.

Again, no jail time for the visitor to the British overseas territory, despite strict gun laws and high gun crime.

In the case of Alex Guzman, he was found with a firearm and ammunition once again at the airport in Providenciales.  Guzman also pleaded guilty before same judge Jackson on June 2, 2023, and was sentenced on three days later to a fine of $3,500.00 or 60 days imprisonment.

About the Defendant

Counsel for Alec Nash submitted that he had been a legal gun owner in his native USA for 2 to 3 years that he has never had to use it.  It was also expressed that Nash lost his sister to gun violence, and his brother was a survivor of a gun attack. These incidents were cited as the reasons Nash felt the need to get a gun.

It was also presented by the attorney, that Nash lived at the Rock House with the firearm from July 13-17, 2023.  The firearm was kept in a safe whilst living there.

The court also learned Alec Nash is a father of three and legally separated from his wife and that he is responsible for half their maintenance.

Why Alec Nash must Go to Jail

The learned judge Mr. Chris Selochan in hearing the submissions by Principal Public Prosecutor Clement Joseph as he explained in the court this past Friday August 11, 2023, that there are no exceptional circumstances and that all persons charge with firearms and ammo must do jail time.

He said, a gun license in the United States is not exceptional circumstances because it is illegal to possess an unregistered firearm in the TCI.

Joseph said there’s nothing exceptional about these gun cases involving tourists any longer, it’s becoming a norm and everyone saying the same thing. There’s nothing exceptional about these cases any more they must go to prison.

The public prosecutor reminded the judge of the disparity of treatment between a local found with an illegal gun and a tourist found with the same.

Joseph said when locals are found with a firearm, they hardly ever get bail and we imprisoned them for whatever the mandatory minimum is, be it five years, seven years and now 12 years imprisonment.

The same must apply to all individuals found offending no matter the circumstances or where they come from. They must go to jail too.

In the end, the learned Justice found that Sheena Mair made a good and convincing case of exceptional circumstances and he accepted that there were exceptional circumstances to enable him to depart from the mandatory minimum sentence of 12 years.

The judge pointed out that with two very recent cases where a lesser sentence was conveyed upon the defendant, it would be unfair and unjust to treat this defendant any differently.

He therefore sentenced ALEC NASH to a fine of $5,000.00 or 60 days imprisonment. The fine was paid, and Nash has since left the country.

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Family of 16 yo Tourist claims negligence in jet ski death; TCI Coroner’s Court hearing evidence

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Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, May 2, 2024 – The family of a 16-year-old who died in Grand Turk six years ago while on a Carnival Cruise into Grand Turk is a little closer to closure as the Turks and Caicos Islands Coroner’s Court has opened his case for an inquest.

“On Wednesday, May 16th, 2018, at 11:30 a.m. Police and Emergency Medical Officials responded to a two-jet-ski collision that left a 16-year-old male dead, near the Cruise Terminal in Grand Turk. Two people were involved in the collision. The second male did not receive any injuries. This incident is under Police investigation.”

That was the brief police report in the aftermath of Nicholas Twyman’s death.

In the comments dozens of residents and visitors claim to have been on the scene that day, as the boy was pulled ashore, some trying to assist while others looked on, horrified.

Coroner Mickia Mills called up the case on March 21, 2024 almost six years after the incident occurred. Mills is in charge of finding out what exactly happened that day in Grand Turk and whether there was any negligence or if it was simply a terrible accident.

That verdict will be for the coroner and her potential jurors to decide. However, the family has shared their version of what happened that day.

A lawsuit filed in Florida Courts in October 2019 (Twyman v. Carnival Corp) detailed the heartbreaking hours that led up to the death of Nicholas. In it, the plaintiffs, listed as Gyjuanna TWYMAN and Michael Twyman, claim that they docked in Grand Turk and were curious about using the jet skis; both parents and the son were told by the Carnival team aboard the ship that there was not a formal shore excursion in Grand Turk involving jet skis, but that jet skis would be available for rent by the hour.

The family from Indiana claims three jet skis were rented, one for Nicholas, another for his father, Michael, and another for a different passenger, while their mother remained ashore. Wet Money Enterprise is listed as the jet ski company.

The family says they were given little instruction on using the Jet Skis, especially their son who was a new rider.  The lawsuit maintains that Michael was not given any instructions other than being told where the kill switch was and not to ride too close to the cruise ship.

Sometime during his excursion, the young man crashed into the other jet ski. The family claims that neither Carnival Cruises nor representatives from the jet ski company responded. They say it was his father who spun around on his own jet ski, dived into the water for his son, and brought him to shore.

Once there, it was the young man’s mother, a registered nurse, who started emergency medical care.

When Turks and Caicos’s EMS did arrive after 15 minutes the family claims they were unsure how to use certain medical implements and had to be directed by the distressed mother.

The court documents list the cause of death for the young man as blunt force trauma and drowning, similar to what is listed in the TCI courts.

Coroner Mills, who took up her position in 2024, will oversee the proceedings which continued on Tuesday, April 23rd.

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Will DPP Office ‘No Show, No Call’ cause criminal cases to be Dropped?

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 2, 2024 – On a bright and early Monday morning (15th April, 2024) in the Supreme Court before presiding lady Justice Ms. Tanya Lobban-Jackson and before His Honor The Chief Magistrate Jolyon Hatmin in the Magistrate’s Court, both courts were once again unable to proceed on its scheduled commencement time due to non or failure of attendance by the Prosecution of the Office of the Director of Public Prosecution (DPP).

Given the fact that this has now happened on more than one occasion, in both the Supreme and Magistrate’s Courts, judges and the learned Chief Magistrate have reached its final straw; they have cited the ‘no shows’ as a disrespect and a disregard for prompt and proper time management to be in attendance for legal proceedings.

From this reporters’ perspective, it appears the prosecution shows up when they like, any time they please and some are guilty of not showing at all without a call or message of explanation for the absenteeism.  The repeated instances have been called, “embarrassing” for the Office of the DPP, when defense counsel and the accused are present in the courtroom but the prosecutor is a ‘no-show, no call, no text.’

On at least two or three occasions, the Supreme Court judge was forced to return to her Chambers; exiting the court with a strongly worded warning, only to return with there still being no member of the Director of Public Prosecution present in court.

There has also been a promise that even serious cases could be dismissed due to this inappropriate practice.

In the final weeks of April, the country learned of a review by a KC out of the UK, who was looking into case progression at the DPPs office.  The Office has also hired a new Director, Philip Bennetts, KC, who takes office in the beginning of June, informed a TCIG media release.

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Concacaf x Generation Amazing, Turks and Caicos Islands Launch

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#TurksandCaicos, May 2, 2024 – Thursday, April 25, 2024, marked a momentous occasion for The Turks and Caicos Islands Football Association with the launch of the Concacaf x Generation Amazing Program. This program, supported by the Turks and Caicos Islands Ministry of Education, is currently benefiting 21 public and private primary schools across the Turks and Caicos Islands, encompassing both sectors of education. The primary objective of the Generation Amazing program is to educate and certify teachers to serve as volunteer coaches in sports development and safeguarding practices. Through this training, coaches will deliver football programs to children, aiming to catalyze positive social change within our communities that will continue to thrive for years to come..

The program not only emphasizes teaching children the basics of football but also focuses on instilling core values like teamwork, respect, and leadership. The initiative offers children the chance to enhance their physical well-being while nurturing essential life skills that can contribute to success beyond the field.

TCIFA President, Sonia Fulford, conveyed her appreciation to Concacaf, Generation Amazing, and the Ministry of Sports of the Turks and Caicos Islands for their involvement and support. She highlighted the significance of the project, pointing up a positive impact on the Education Ministry. Generation Amazing’s initiative is also seen as a valuable opportunity to enhance both the educational and athletic aspects within the community. “We’ll have more well-rounded teachers, and well-rounded students, not only from an educational standpoint, but a sporting standpoint. For us it’s a big win!” The President expressed excitement for the project, foreseeing an increase in skilled players and coaches, ultimately benefiting the organization significantly.

Jarret Forbes, Director of Sports, commented, “We are excited about the launch of the Generation Amazing programme here in the Turks and Caicos Islands. We commend the TCIFA for taking a holistic approach to student empowerment through sports. And we are grateful for the interest and support from CONCACAF and the Department of Education in developing our young athletes.”

Alvin Parker, Deputy Director of Sports, also expressed his enthusiasm regarding the upcoming chance for educators to apply their acquired knowledge. Viewing the term ‘Generation Amazing’ as a rebranding concept for Generation X, it is with high anticipation that the program will inspire and instill optimism within the younger demographic.

A devoted team collaborated diligently to ensure the successful initiation of the program. Spearheading the launch for Concacaf were Jennifer Roche, the Concacaf CSR Coordinator; Andre Virtue, Concacaf Coach Educator; Cristian Cubillas; and Garry Stannecc, the Sport For Development Consultant for Concacaf. The local facilitators comprised Dane Ritchie, TCIFA Technical Director; Olivia Graveley, Director of the Grand Turk Football Program; Yunelsis Rodriguez Baez, Director of Women’s Football; and Damien Grant, TCIFA Coach Educator and South Caicos Football Development Officer. The launch encompassed a comprehensive two-day training session for teachers, which will be followed by a mandatory six-week program involving a minimum of 25 students from each school. The program’s execution will be supervised by our Local Facilitators in with the support of Generation Amazing staff. Furthermore, the program will offer support to schools by furnishing footballs and essential equipment.

Jennifer Roche elaborated on Concacaf’s emphasis on Social Impact strategies, highlighting the significance of extending focus beyond on-field activities. “Last year, our CSR brand, ’The Bigger Game’ launched and the ‘Generation Amazing’ Program is one of the programs under the pillars of access to play and coaches education. This program is focused heavily on capacity building and giving tools to teachers, community volunteers, and other community leaders to empower and change lives through our beautiful game.”

Andre Virtue commented, “Obviously, we see the sport and the opportunity it has to grow. But, at the core of it is the coaches and how the coaches engage with our youth. We see the social issues that our youth already have to deal with on a day to day basis, and the dependence on either the parent or some adult to guide them and to mentor them is assumed. And, there is an intentional approach to how we’re communicating life values as it is very important.” Distinguishing between athletic prowess and life skills, Andre indicated that Coach Educating initiative aims to bridge this gap by aligning sports experiences with essential life lessons. The football field, as a dynamic environment, serves as a valuable classroom where the intricacies of life are intertwined with the game’s dynamics. “There are so many things that happen on the football field that are connected to life. The game is a great teacher, but there is an intentional and deliberate attempt to teach those values. It’s just the winning, the losing, the ups and the downs that come out of the game.”

Dane Ritchie further explained that the program also adopts a personalized approach, focusing on individual needs rather than viewing the children as a collective group, thereby maximizing the positive impact on each child. The aspects of conflict resolution, and nurturing respect are deemed integral to the game and are leveraged to impart essential life skills crucial for their development.

CherylAnn Jones, Permanent Secretary to the Ministry of Education, Youth, Sports, and Social Services, communicated the Ministry’s unwavering support for the Concacaf x Generation Amazing program and its potential to bring about significant transformation. The Ministry’s ethos, centered on Human Capital Development, resonates strongly with initiatives like Generation Amazing, which focus on nurturing leadership qualities, teamwork, and community spirit among today’s youth for the benefit of future generations. “A key tenant of the Generation Amazing program is its emphasis on child safeguarding and so this program aligns with our policy of ensuring that children learn, grow and develop confidently in a safe and nurturing environment. We are delighted to be partners with Concacaf and TCIFA, and applaud these organizations and their continued programs among our young people. We also applaud our principals, physical education teachers, and coaches who will be trained as facilitators in our schools to implement the program, as well as the Sports Commission. We believe that that commitment through football will create positive change.”

 

For more information, please contact TCIFA Office Manager | Marketing and Communications Coordinator, Candia Ewing at 941-5532 or cewingtcifa@gmail.com

Address:

TCIFA National Academy

Venetian Road 

Providenciales

Turks and Caicos Islands 

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