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Elderly American man gets bail on bullets charge; Cancer diagnoses sways court  

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Wilkie Arthur

Freelance Court Reporter

 

#TurksandCaicos, December 21, 2023 – He is a 72-year-old, retired school teacher now serving in the Catholic Church in his home state of Texas in the United States of America.  He arrived in the Turks and Caicos Islands (TCI) along with his wife and family as they renewed their vows, celebrating some over 40 years of marriage.

As we wish not to divulged too many details regarding his terminal cancerous medical conditions but the aged senior is near death and came to TCI on what could be one of his final vacations according to his medical records from doctors in the United States.  The heartbreak of the doctor’s prognosis, revealed in open court by his defense team Oliver Smith, KC, and his junior assistant Ms. Kimone Tennant was palpable.

The old man was leaving the TCI on Tuesday, December 12th, 2023 with his family after an enjoyable vacation when, at the Providenciales International Airport, seven rounds of low end 9mm ammunition was discovered in his departure luggage.

MICHAEL-LEE EVANS was released on Police bail with the directive to return to the station on the December 19th but given his poor health, his senior defense counsel Oliver Smith KC made emergency arrangements with police and the Magistrate’s Court to meet them at the court instead of the police station, where detectives charged EVANS with being in possession of unregistered ammunition without being the holder of firearm; which is illegal in the TCI.

In a fast moving case, the Grand Turk Acting Resident Magistrate Ms. Patricia Arana told the accused when brought before the court (she appearing by video link from the Grand Turk Magistrate’s Court) that she would be unable to consider or grant him bail.  Magistrate Arana added that a plea was not yet required and the matter was scheduled for its Sufficiency Hearing on February 2; she then transferred the matter to the Supreme Court.

Attorney KC Smith rushed to the Supreme Court’s office in order to file a bail application; his action was met with success as a bail hearing was arranged for 11:30a, pm December 19.

Magnetic Media was present at the bail hearing which was opposed by senior public prosecutor Mrs. Nayasha Hatmin on the instructions of the learned DPP.  Hatmin did give an earnest effort to have the hearing re-scheduled to a later date however, Judge Tanya Lobban Jackson was opposed to any adjournment of the matter especially given the court was due to be shut until the opening of the new legal year in 2024.

Due to the deteriorating health of the elderly defendant, KC Smith took a bold approach and asked the Court for the visitor to be allowed to return to the US to continue his extensive and continuous medical treatment while waiting on his sufficiency hearing.

Mr. Smith told the court in plain and direct language that to keep Mr. Evans here in the TCI could result in his death while under our watch. Smith raised the points that the accused requires round the clock medical care and to remand him at the Department of Corrections which has no doctor and is only visited by a nurse from time to time, could be detrimental.

The DPP’s office was not prepared to back down despite the reasoning put forth, explaining that this “is a very serious offense that carries a mandatory minimum of 12 years in prison” and said, if the accused was allowed to leave, he has no reason to return.

Her Ladyship Tanya Lobban Jackson having heard both sides in her decision said, the accused man’s medical needs is what “tips it over the scale”.  Bail was granted for Michael Lee Evans  in the sum of $20,000.00; $10,000.00 to be immediate cash and $10,000.00 surety for one or two persons to sign.

The judge went on to order that Evans is allowed to leave the jurisdiction and attend court via link from overseas through his attorney Mr. Smith, KC. Explaining that the 72-year old cancer patient did not have to return for the February 2nd, 2024 Sufficiency Hearing but that he “must return to the TCI for the date of the plea and direction hearing(PDH).”

Michael-Lee Evans has since left the country along with his family.

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US CONGRESSIONAL DELEGATION

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#TurksandCaicos, May 20, 2024 – The Governor’s Office can confirm that Her Excellency the Governor Dileeni Daniel-Selvaratnam and the Honourable Premier Charles Washington Misick will this morning receive a US Congressional delegation, who have requested a meeting to discuss the recent arrests of US nationals for possession of ammunition offences.

The US delegation, which arrived yesterday evening, was met by Protocol officials and is due to depart this afternoon.

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Eleven Senators, Three Governors make appeals for Leniency; Five Americans now face 12 Years in Prison

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Deandrea Hamilton                                                                                                                              

Editor

 

#TurksandCaicos, May 20, 2024 – US law makers are going to bat bigtime for their citizens detained in the Turks and Caicos for breach of the firearms ordinance, a congressional delegation arrived on Sunday and talk about an amicable  conclusion in the controversial court matters.

Here for a meeting set to take place today,   the congressional delegation is led by Senator Markwayne Mullin.

Five tourists are facing the 12 year minimum for possession of bullets, they say were inadvertently left in their checked baggage, but they can get a lesser sentence if the judge rules that it is warranted under the ‘Exceptional Circumstances’ clause in the Firearms Ordinance, newly amended and stiffened in 2022.

Eleven U.S. Senators and three State Governors have addressed letters to the TCI government beckoning for leniency in the cases of American citizens charged and detained for breach of Turks and Caicos gun laws which strictly prohibit the possession of unregistered firearms or ammunition; an infraction which carries with it a penalty of 12 years imprisonment.

It became known that at least one governor was communicating with Daleeni Daniel- Selveratnam, Turks and Caicos Governor about the unsettling situation.

J Kevin Stitt, Governor of Oklahoma appeared on television vocalizing his thoughts, calling the mandatory 12 year sentence “absurd.”  His letter for leniency was endorsed by Josh Shapiro, Governor of Pennsylvania and Glenn Youngkin, the Governor of Virginia.

“We humbly ask that your government – in its wisdom – temper justice with mercy and recognize that these made mistakes but had no apparent malicious intent,” states the May 14th letter signed by all three governors.

Twelve days before, Senators had already expressed their dire concern in correspondence dated May 2nd.

Magnetic Media obtained that letter which 11 senators have supported; their dispatch issued to the Attorney General of the Turks and Caicos, Rhondalee Braithwaite-Knowles, KC.

Senators Markwayne Mullin, Oklahoma; Robert P. Casey Jr, Pennsylvania; Mark Warner, Virginia; Tim Kaine, Virginia; James Lankford, Oklahoma; Michael Cloud, Texas; John Fetterman, Pennsylvania; Bob Good, Virginia; Guy Reschenthaler, Pennsylvania; Josh Brecheen, Oklahoma and former presidential contender, Ted Cruz of Texas boldly signed the document, with strong words for the TCIG.

“We do not discount the fact that the authorities in Turks and Caicos take the presence of unspent ammunition cartridges seriously to prioritize the safety of its civilians. However, based on our relationships and understanding of the circumstances of these American citizens, we strongly urge you to exercise leniency when reviewing their cases.”

Both letters point to the current good relationship between the Turks and Caicos and the United States as the reason to have the cases of Michael Lee Evans, 72 of Texas; Bryan Hagerich, Pennsylvania; Tyler Wenrich, 31 of Virginia and Ryan Watson, 40 of Oklahoma come to a reasonable conclusion.

Since Monday May 13, added to the four men and despite the media attention and US State Department warnings, Sharitta Grier, 45 of Orlando, Florida was arrested, sentenced and is now out on bail on near identical charges.

She is the fifth American held in recent months for the discovery of ammunition upon departure of the islands.

Grier, was on Thursday May 16 arraigned for allegedly having two bullets in her baggage; detected as she was exiting the Turks and Caicos following a Mother’s Day getaway with her daughter.  By Friday, bail had been granted to the woman who is still expressing shock at the gravity of the consequences; a dozen years in a Grand Turk prison.

A week earlier, a Thursday May 8, media release by the Turks and Caicos National Security Council informed of the Attorney General’s report to the group, which included the Premier, Minister of Tourism and Governor on the nuances of the legislation, according to a recent Court of Appeal decision.

“The Attorney-General, in respect of the law applicable to the cases against US Nationals on charges relating to the possession of ammunition, confirmed that an Attorney General’s Reference to the Court of Appeal certified that where a court finds there are exceptional circumstances, the sentencing judge has discretion under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances of each case rather than impose the mandatory minimum. The Chief Justice is advancing sentencing guidelines in this respect.”

On Sunday, Senator Mullin of Oklahoma landed in Provo, with him:  “Rep. Reschenthaler of Pennsylvania; Rep. Good of Virginia; Rep. Brecheen of Oklahoma and Rep. Cloud of Texas.  They have a few staff members and an escort of four marines.  They will be in meetings all day. We are hoping for an agreeable resolution today,” explained a source close to the senate.

We’ve also learned that the Governor of Florida, Ron DeSantis may climb aboard this train in the name of reasonable justice after Floridian, Sharitta Shiniee Grier was last week charged.

On social media, Grier has opened up about her arrest.

“Once the police cuffed my leg to a chair and left me in a room by myself I started crying out to the Good Lord, saying I know you are real but I need you to move for me, right now!  I need you to show me a sign that I’m going to be alright.”

Grier explains that before she could wipe away tears, “Mrs. Susan and her husband My Pop Pop” turned up, came to check on her while in police custody and are now lending her moral support.

Court correspondent Wilkie Arthur informed that during Grier’s arraignment, the courtroom was filled with some of the other Americans accused and their families; in her post, she called Ryan (Hagerich) and Bryan (Watson), both men who share a vacation villa as they await verdicts in their bullet possession matters, her ‘brothers.’

“I know it was God who placed them in my life.  They have a heart of gold, just like me and I love them. We are family forever.”

It is this kind of solidarity that the defendants hope will work in their favour as their Representatives have reportedly taken advocacy to a new level; landing at the private airport in Providenciales on Sunday to – in person – make appeals on behalf of the five Americans with the hope of seeing them avoid the lengthy prison term mandated by TCI law.

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Subject identified

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SERVICE WITH PRIDE AND INTEGRITY

 

***MEDIA RELEASE***

May 18th, 2024.

Following a police shooting incident on May 14th, the Royal Turks and Caicos Islands Police Force (RTCIPF) is now able to name the deceased male subject, with the permission of the family.

The Serious Crime Unit contacted the relatives of the deceased, and formal identification has taken place, with the subject being identified as 14-year-old Antorens Dorcely, also known locally as ‘Toto’.

During this challenging time, the RTCIPF also expressed its deepest condolences to the deceased’s family, and the force will continue to offer support through our Family Liaison Officer.

In light of this incident, the RTCIPF is urging the public to show respect and sensitivity towards the grieving family by refraining from sharing any footage of the deceased on social media.

Sharing such material can cause additional distress and harm. We emphasize the importance of empathy and respect for the family’s privacy as they navigate their grief. The death of any young person is a loss to the TCI.

The RTCIPF is committed and dedicated to conducting a thorough investigation and ensuring that all aspects of the incident are carefully examined and the findings are communicated transparently to the public.

A request has been made to an external police force to conduct a review of the incident. This is a routine procedure and intended to ensure an independent and objective review of the facts. The community’s cooperation and respect during this time are essential. The RTCIPF assures the public that we remain dedicated to upholding justice and accountability.

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