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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.

Bahamas News

Camp Inclusion tours Nassau Cruise Port

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NASSAU, The Bahamas – Participants of the Ministry of Social Services, Information and Broadcasting’s Camp Inclusion, including the camp’s student advocates, recently toured Nassau Cruise Port in a move designed to produce multiple benefits for the children.

Camp officials said the tour was part of the “moving away” from the old tradition of keeping children with disabilities locked away at home, and towards greater social inclusion for persons with disabilities – especially children.

Facilitated by the Community Affairs Division of the Ministry of Social Services, Information and Broadcasting at the Flamingo Gardens Family Life Centre, the camp is a collaborative effort between the Ministry, its Community Affairs and Disability Affairs Divisions, the Bahamas Coalition of Advocates for Disability Awareness and Service (BaCADAS), and the National Commission for Persons with Disabilities (NCPD). The majority of the Camp Instructors are persons with disabilities.

The Camp is in keeping with the Global Family Day 2024 theme of “Embracing Diversity, Strengthening Families,” and is an extension of the Ministry’s continued efforts to take the lead in ensuring access and inclusion for all — particularly the community of persons with disabilities — in every aspect of society.

Children with different levels and types of disabilities, along with student advocates, participated. Its focus was to ensure that participating youth learn about living with mobility and intellectual disabilities, advocacy, inclusion and accessibility.

Mr. Townsley Roberts, Deputy Executive Secretary of the Secretariat of the National Commission for Persons with Disabilities, said the visit is expected to have a number of expected outcomes.

“It was very important to get the kids out and for them to see parts of the island that they rarely get a chance to experience,” Mr. Roberts said. “It was also an opportunity for them to feel a part of the Bahamian society because many times they are kept at home or just in the classroom (and) so this gives them a chance to spread their wings; an opportunity to dream. You never know, something they saw today can spark their imaginations and some may become artists, want to work in the tourism field or even just to try and experience a cruise. The ability to dream, to feel a part of society, to feel included, is important to the growth of all children, including persons with disabilities.”

Mr. Roberts applauded officials at Nassau Cruise Port for agreeing to the tour, which he said also allowed chaperones to inform the student advocates of some of the aspects that makes a facility accessible and inclusive.

“We are so happy that the Cruise Port allowed us the opportunity to come and tour the facility. As the name of the camp goes, what we are promoting is inclusion — total inclusion in all aspects of Bahamian society including the culture, and the open spaces. We want to make sure that all spaces are accessible and one of the things we know, because we had the opportunity to inspect the cruise port, is that the Port is accessible to persons with disabilities. So why not bring the children – including the student advocates — here as a means of helping them to understand and to witness first-hand what accessibility means and how it, or the lack of accessibility, affects the lives of persons with disabilities.”

Mr. Antoine Munroe, a Camp Instructor and employee of the Disability Affairs Division of the Ministry of Social Services, Information and Broadcasting, said access and inclusion ensures that every person is able to achieve the same outcomes whether in social, educational, or employment settings, and are the best methods of ensuring that persons with disabilities are given the same opportunities to participate in society. He applauded the inclusion of the student advocates in the camp.

“It is a passion of my own to see young people included and exposed to the life of persons with disabilities. Being able to tour the facility gave me an understanding of how I can use my cane to move about with a little assistance and I thought that was very, very smooth. I congratulate those persons who were able to cause this to happen, and also the persons in charge of the Nassau Cruise Port.  I think this is a very good step in the right direction,” Mr. Munroe added.

 

Release: BIS

(BIS Photos/Patrice Johnson)

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Bahamas News

National Commission for Persons with Disabilities gauges ‘accessibility’ at ZNS, BIS as part of ongoing inspection schedule

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NASSAU, The Bahamas – Inspectors attached to the Inspectorate Division of the Secretariat of the National Commission for Persons with Disabilities (NCPD) conducted assessments of the facilities at the Broadcasting Corporation of The Bahamas, and Bahamas Information Services, Tuesday (July 23) as part of their ongoing efforts to ensure that all public facilities, and those private facilities that provide services to members of the public, are accessible for all.

Both entities fall under the remit of the Ministry of Social Services, Information and Broadcasting as does the Secretariat.

The team was headed by Mr. Townsley Roberts, Deputy Executive Secretary, Secretariat of the National Commission for Persons with Disabilities, and included Mr. G. Michael Ellis, Senior Inspector; Mr. Wesley Paul, Inspector; and Mr. Thorne Clarke, Inspector.

Deputy Executive Secretary Roberts said the inspections were two-fold.

“Today we are inspecting ZNS and BIS which are both a part of the Ministry of Social Services, Information and Broadcasting to ensure that they are accessible because it is our belief that we cannot ask the public to do the things required by law without first ensuring that our entities are also in compliance,” Mr. Roberts said.

“People need to understand that accessibility to persons with disabilities is just as important as it is to persons without a disability. We want to be able to go about your day-to-day business without any obstacles in our way.

“What makes us disabled is the built environment, the barriers in front of us. If you remove those barriers, then we can do many of the same things persons without disabilities can do, and sometimes better. So this is what we are about. We are trying to make The Bahamas a place for all persons (and) where it will be comfortable for persons with disabilities to be able to manoeuvre through buildings and other spaces with the same ease and comfort expected by everyone else.”

The inspection team conducted assessments of wheelchair ramps, bathrooms, office spaces, and parking and reception areas, and measured doorway and hallway widths, in addition to other spaces to ensure that the requirements as set out in the Persons with Disabilities (Equal Opportunities) Act, 2014, are met.

Mr. Ellis, who spent 34 years as a member of the Royal Bahamas Police Force before retiring as a Senior Police Officer and who brings that same knowledge of the law to his new role, said the inspections help to ensure that the community of persons with disabilities enjoy the same rights to accessibility as any other citizen.

“Persons with disabilities, including those in wheelchairs, persons with walkers, crutches and those who use other assistive devices such as canes, should be able to move around just like everyone else,” Mr. Ellis said.

“We were looking to make sure that there were accessible bathrooms for both males and females, to ensure that there are proper ramps and that the ramps are the proper sizes, to ensure that all of the offices are accessible and all of the other areas are accessible for persons with disabilities.

“The Act says whatever we, as able bodied persons can do, a person with a disability should be permitted or allowed to do the same without any hindrance. Our job is to ensure that these facilities are in compliance with the Act.”

Once inspections are completed, Adjustment Orders are sent to those facilities/businesses found not to be in compliance with the Act, advising them of any faults, and providing a time-frame for compliance.

 

(BIS Photos/Anthon Thompson)

Release: Bahamas Information Services

 

PHOTO CAPTIONS

 

Header:  – ZNS/BCB

Left to right:

1:  G. Michael Ellis – Sr. Inspector (NCPD)
2:  Thorne Clarke – Inspector (NCPD)
3:  Townsley Roberts – Deputy Executive Secretary (NCPD)
4:  Wesley Paul – Inspector (NCPD)
5:  Carlton Smith – Chief Security Officer (BCB)

Insert:  – BIS
Left to right:

1:  Elcott Coleby – Director General (BIS)
2:  Wesley Paul – Inspector (NCPD)
3:  Townsley Roberts – Deputy Executive Secretary (NCPD)
4:  Carlton Smith – Chief Security Officer (BCB)
5:  Thorne Clarke – Inspector (NCPD)
6:  G. Michael Ellis – Sr. Inspector (NCPD)

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Crime

Shooting Incident

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***MEDIA RELEASE***

 

July 23rd, 2024.

 

Around 10:59 am, the Police Control Room received a call of gunshots at a location along the Millennium Highway, Providenciales.

Officers of the Royal Turks and Caicos Islands Police Force were dispatched and, based on preliminary investigations, were told that the occupant (s) of a red Suzuki Swift was at a business place when another car pulled alongside it, and the occupants started shooting.

The driver of the Swift drove off while the other unidentified vehicle sped off in a separate direction. 

Officers found the Swift abandoned near Miracle Close, Blue Hills, shortly after.

Based on investigations, no injuries were reported.

This remains an active investigation.

The RT&CIPF is asking anyone with information or CCTV footage of the shooting that may assist the police with enquiries to contact 911, the closest police station, the Serious Crime Unit at 231-1842, or call Crime Stoppers at 1-800-8477 and anonymously give any information.

Additionally, persons are being asked to download the Crime Stoppers P3 app.

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