News
Judge stuns, sentences “irresponsible” Indiana tourist to 8 Months in Prison for Ammo Possession
Wilkie Arthur
Freelance Court Reporter
#TurksandCaicos, September 24, 2023 – His lordship The Hon Mr. Justice Chris Selochan in passing sentence on 18th September, 2023 on an American tourist MICHEAL ALLAN GRIM, JR, told the defendant, that his starting point for possession of 20 rounds of illegal 9mm ammunition found in his luggage was a sentence of five years Imprisonment.
The ammunition was picked up on the scanners at the Providenciales International Airport on August 1, 2023.
The announcement by the judge brought obvious despair and disbelief for the 26-year old in the defendant’s dock and his family seated in the public gallery; the heart sinking admission elicited what could only be described as an audible pause from the courtroom.
However, the five year sentence, was not the final sentence and the judge went on to articulate his reasoning for giving the young man a substantial discount: A. You’ve pleaded guilty at the earliest opportunity on 13th September, 2023; B. You have impeccable good character; C. You provide this court with a number of impressive references from high standard members of your community; D. You purchased and possess the ammo legally in your home state of Indiana and E. You did not try to conceal the ammunition.
There were other points provided by the accused’s King’s Counsel representative, Oliver Smith that warranted and assisted with the reduction.
The learned judge outlined them all in detail at the sentencing hearing and promised to put his reasons in writing and make them available for the parties at a later date. The learned Judge said not every case involving tourists are the same and that there should be no immediate custodial sentence (no jail time). He said that each case must be looked at separately and on its own merit, as each may have different circumstances.
He went on to explain that not because he found that there are exceptional circumstances in this case to depart from the mandatory minimum of 12 years imprisonment means that this defendant should not do some sort of jail time.
The Judge explained that Grim said he knew he could not have brought ammunition into the Turks and Caicos Islands (TCI). He had three opportunities to at least declare the ammo but failed to do so. One when leaving the USA, two when arrived at the Providenciales International Airport in Providenciales and three before being captured by the scanners on his departure from Providenciales.
The judge further said and even while on vacation in the TCI you failed to secure the ammunition properly. The judge said I have to take into account the serious firearm and ammunition issues we are now facing in these Islands.
Justice Selochan told the defendant you demonstrated a clear sense of irresponsibility and negligence throughout
Having regards to all the factors and circumstances in this case, and the very impressive submissions by both sides, Principal Public Prosecutor Mr. Clement Joseph assisted by Senior Pubic Prosecutor Mrs. Nayasha Hatmin for the Office of the Director of Public Prosecutor and Mr. Oliver Smith, KC for the defendant, I must express my sincere thank you in the manner you assisted this court.
The judge concluded by announcing, the sentence of the court is eight (8) months imprisonment, the defendant passport is to be returned to him at the completion of the sentence and a destruction order made for the ammunition.
Mr. Oliver Smith, KC, in a final attempt to keep his client out of prison, asked the judge if he would consider suspending the sentence. The judge said I did consider it but decided this is not the appropriate case for a suspended sentence.
Michael Grim Jr was arrested in early August for the ammunition detected in his luggage, and at one point faced bail in the amount of $10,000 for the offence which carries a 12 year mandatory jail term.