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“Exceptional Circumstances”, Judge has the power to sidestep 12-year sentence for Bullet possession

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Deandrea Hamilton and Wilkie Arthur

Editorial Team

 

MICHAEL LEE EVANS

#TurksandCaicos, March 10, 2024 – Not everyone found with a gun or bullet in the Turks and Caicos Islands has to face the mandatory minimum sentence of 12 years, according to advice from the Attorney General who was speaking to members of the high level, Turks and Caicos National Security Council this week.

In what may come as a startling explanation of a recent Court of Appeal ruling, the AG, according to a media release from the NSC informed the group which met this past Wednesday May 8, that a judge “has discretion under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances.”

It may be that reprieve the four Americans and at least one Turks and Caicos resident need in order to avoid spending the next 12 years of their lives locked away in the prison in Grand Turk.

Public understanding on the Court of Appeal ruling starkly contrasts this for many though.   All over the world, it has been broadcast that there is no avoiding the minimum jail time of a dozen years which was stiffened in 2022, when gun crime peaked to its deadliest levels ever for the cluster of British overseas territory islands.

BRYAN HAGERICH

“Section 3(3) of the Firearms Ordinance CAP 18.09 requires the Supreme Court to impose a mandatory minimum sentence and a fine for certain firearms offences, except in circumstances where the court finds that there are exceptional circumstances, in which case the court must still impose both a sentence of imprisonment and a fine but which are proportionality consistent with the exceptional circumstances.  The court must ensure that the custodial sentence and fine are in keeping with the dominant purpose of Parliament in enacting the law, deterrence, is reflected in the length of the term and the quantum of the fine.”

It is an excerpt from the ruling, which came on February 29 of this year.

The AG told her colleagues in the NSC sitting, ‘each case can be judged on its own evidence and information and that hefty mandatory sentence of 12 years jailed in prison can be avoided, if the judge deems it just, given the exceptional circumstances.

The NSC statement issued late on Wednesday said specifically, “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.”

Now, the NSC further informs, “the Chief Justice is advancing sentencing guidelines in this respect.”

TYLER SCOTT WENRICH

Currently, there are four Americans facing this strict law.  TCIG identified:  MICHAEL LEE EVANS, 72, of Texas, who pled guilty to possession of seven (7) 9mm rounds of ammunition and appeared before the court on Wednesday, 24th April 2024, via video conference link.  Evans is currently on bail, with sentencing hearing adjourned to June 18th, 2024; BRYAN HAGERICH of Pennsylvania, who has pled guilty to possession of twenty rounds of ammunition  (rifle rounds).  Currently on bail.  Scheduled to hear sentencing at the end of this month following a widely covered court appearance last Friday May 3rd, 2024; then there is TYLER SCOTT WENRICH, 31, of Virginia, is currently remanded at the Department of Corrections and Rehabilitation  in Grand Turk.  He is charged with possession of two (2) 9mm rounds. He has not applied for bail and RYAN TYLER WATSON, 40, of Oklahoma, currently on bail, charged with possession of four (4) rounds of ammunition. Watson appeared in court on April 24th, 2024. The matter was adjourned to June 7th, 2024.

Turks and Caicos Islander, Ruby Forbes of Grand Turk was also charged for the discovery of a single bullet in her baggage in July last year.  She was released on bail since September 2023 and on Monday April 29, 2024 her matter was listed for pre-trial review.  It is likely, Forbes’ trial will commence soon.

None of the defendants charged were in possession of a gun and so far, at least one defence attorney, since the Court of Appeal judgement has invited the presiding Judge to consider exceptional circumstances which he robustly argued warrants leniency.  More specifically, to impose as the requisite custodial sentence, time the defendant has already spent in police custody and no further imprisonment.

RYAN TYLER WATSON

In this case of Bryan Hagerich, whose sentencing hearing was on Friday May 3, that would be the eight days he spent in Police custody.  The Ordinance also makes it mandatory that a fine accompany the custodial sentence, which can be any time under the mandatory minimum 12 years which as Oliver Smith, KC laid out last week could be the eight days.

The serious criminal charges, which came as a shock to the families who entered the Turks and Caicos as tourists and were, in all cases, exiting the country after their vacations when the ammunition was detected, have attracted vigorous media coverage by US news organisations.

U.S law makers are also now taking notice of the dilemma where their citizens being “unjustly detained” in the Turks and Caicos awaiting possibly dire outcomes.

News Nation, on May 7 carried a report citing comments from the Governor of Oklahoma, Kevin Stitt who appeared on Good Morning America.

Governor Stitt told Americans watching the top rated morning show, that he is working behind the scenes to help the four men; he also called the law “absurd.”

Ruby Forbes

The TCI Government is standing by its Firearms Ordinance however, “The Turks and Caicos Islands have clear laws against the possession of firearms and or ammunition and strict penalties in order to serve and protect the community.  Travellers are strongly advised to search their luggage before they travel to the Turks and Caicos Islands to ensure they do not bring in forbidden items inadvertently.  The Turks and Caicos Islands reserves the right to enforce its legislation and all visitors must follow its law enforcement procedures,” communicated that April 29 statement.

Emerging amidst this divisive debacle, which has raging perspectives on both the Turks and Caicos and American sides about what should happen to the four Americans, is a report that the Governor from Oklahoma has been in contact with Governor of the Turks and Caicos Islands.

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Search for Missing American Tourist Intensifies in Turks and Caicos

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U.S. Officials, Family Join Local Efforts as Disappearance Enters Ninth Day

By Deandrea Hamilton | Editor and Wilkie Arthur | Eagle Legal News

 

Turks and Caicos, July 4, 2025 – The United States Department of State has confirmed it is aware of the disappearance of American citizen Brian Tarrence in Turks and Caicos, and the U.S. Embassy in Nassau is actively assisting in the ongoing investigation. Tarrence’s mother is now on the island, anxiously hoping for good news as the search for her son enters its ninth day.

Tarrence, 51, of New York, vanished on June 25 while vacationing with his wife in Providenciales. The couple was staying at the Inn at Grace Bay in a privately rented villa booked via Airbnb. CCTV footage reviewed by Eagle Legal News shows Tarrence walking away from the property around 3:00 a.m., alone and without signs of immediate distress. He has not been seen since.

The Royal Turks and Caicos Islands Police Force is treating the case as high priority, and a search operation is underway in Grace Bay, with efforts expanding to The Bight and nearby districts. U.S. private investigator Carl DeFazio, hired by Tarrence’s family, is also on the ground and working alongside local authorities.

“We are tracking any activity—credit cards, digital devices—that could point us toward his location,” said DeFazio. “This is a coordinated effort, and we are committed to bringing Brian home.”

Sources close to the investigation say Tarrence may have been in a vulnerable state prior to his disappearance. His wife reported that he had relapsed into alcohol use and was displaying increasingly erratic behavior, including signs of paranoia and delusional speech. He reportedly believed people were outside their villa and made concerning remarks hours before he disappeared.

When his wife woke that morning, Tarrence—and his phone and wallet—were gone. The devices remain unreachable, and no transactions or confirmed sightings have been reported.

His wife continues to cooperate fully with police, while his mother, who recently arrived in TCI, has joined local and diplomatic efforts in hopes of a safe resolution.

Anyone with information is urged to contact the nearest police station or call Crime Stoppers anonymously at 1-800-8477.

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Race for the Conch Celebrates 15th Year

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Turks and Caicos, July 4, 2025 – Grace Bay once more delighted swimmers at the 15th annual Turks & Caicos “Race for the Conch” Eco-SeaSwim on June 28, 2025. The 2.4-mile, 1 mile, and 1/2-mile events drew 75 participants from the US, Canada, Barbados, and Mexico along with 35 TCI swimmers. Another 16 youngsters under 10 years and undertook part in the 100-meter swim.

Each race saw several outstanding open water swimmers competing for conch trophies in near perfect sea conditions. Other swimmers wanted to challenge themselves while enjoying the experience of gliding through the inviting turquoise waters. As before, the start and finish took place on the beach in front of Rickie’s Flamingo Cafe.

Local swimmers once more showed they could compete with the best. Sean Walters and Asher Soderquist (just 10 years old) picked up extraordinary 2nd and 3rd places respectively in the 1/2 Mile Men’s Division. Isaac Farley secured a splendid 3rd place in the 1-mile Men’s Division, while Lex Olerenshaw grabbed a superb 3rd place in the 2.4-mile Men’s Division. Several other TCI swimmers placed among the top 5 or 10 in each event.

Orrin Meyer from the US turned in a blistering time of 51 minutes, 15 seconds to win the 2.4-mile (Ironman distance) Men’s Division, just over 10 minutes faster than 2nd place male finisher—his father, Jay Meyer. The Women’s Division swimmers in the 2.4 mile were no less impressive with Samantha Peck from the US coming in 1st with a smashing time of 1 hour, 2 minutes, 31 seconds. She was followed by Nathalie and Carrie Trantner.

Ari Henson won the 1-mile Men’s Division followed by Ryan Williams. while the Women’s Division was won by Julie Henson followed by Mary Mackley and Mary-Anne Savage.

In the 1/2-mile Men’s Division Garry Mahon from Barbados took 1st, while Celia Wolf took 1st in the Women’s Division followed by Stella Lord and Cara Stein.  Race organizers Ben Stubenberg and Chloe Zimmermann could not be more pleased with the wonderful turnout, especially the increasing numbers of TCI swimmers in the race. Stubenberg said, “It is so gratifying to see how the race has progressed over the years. We love welcoming the new swimmers, as well as reconnecting with the swimmers who return year after year. No venue can match Grace Bay for open water swimming.” Zimmermann added, “We are thrilled at how the race generates so much enthusiasm among participants who all push themselves to go the distance and do their personal best.”

Unsurprisingly, “The Race for the Conch” is consistently listed as one of the top 100 open water swim races in the world by the World Open Water Swimming Association.

Stubenberg and Zimmermann take seriously the second part of the event name, “Eco-SeaSwim” by asking that all swimmers use reef-safe sunscreen devoid of harmful ingredients. To help ensure that request, organizers have partnered with one of the top reef-safe sunscreens in the world, Caribbean Sol, and made it available to all swimmers on the beach.

In addition, the organizers strive to use local services and products. These include conch medals for everyone carved by Stanford Handfield, conch trophies created by Lucie Stubbs, T shirt designs by Alizee Zimmermann, T shirt printing by Wise Solutions, and Proud of My Island goodie bags created by Sammy Kildegaard and Emiliano Otin.

Stubenberg and Zimmermann praised the tremendous support of 20 volunteers on the beach and in the water. “They are the backbone of the event’s success,” they stated. “We could not do this without them or our generous sponsors and providers.” They include: Experience Turks & Caicos, Grace Bay Club, Ocean Club, Projetech, Whole Health, Atlantic Aviation, Hartling Group, Surfside Ocean Academy, Silver Palm Charters, Finishing Touch, Natural Trade Distribution, Visittci.com, Gabriel Kulcsar, Big Blue Collective, Got-U-Covered, Jafooe Computer, DJ Dayhoh, Caribbean Bottling Company, Caicu Naniki Tours, and Marco Travel.

The organizers also want to give a big shout out to the TCI Department of Environmental and Coastal Resources, TCI Marine Police, Provo Ambulance Service, TCI Red Cross, Big Blue Collective, and the TCI Regiment for their essential safety support.

The “Race for the Conch” is a registered TCI nonprofit. Proceeds from the race going to Provo Children’s Home, Red Cross, TC Reef Fund, and Project Inclusion Turks & Caicos.

The next “Race for the Conch” will take place on Saturday June 27, 2026.

More information about the race can be found on their website www.ecoseaswim.com

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Spence Security Demands Gun Reform for Officers After Third Tragic Killing

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Deandrea Hamilton | Editor

 

Turks and Caicos, July 4, 2025 – Spence Security & Investigation Services Ltd is calling for immediate legislative change to allow trained private security officers to carry firearms and protective gear—following the third fatal shooting of one of its officers in recent months.

In a strongly worded statement, the company’s founder and chairman said the lack of legal protections and equipment is costing lives.  “Our officers are being slaughtered because they lack the tools, the legal authority, and the support to defend themselves,” he said.   “This is no longer tolerable.”

The slain officer, like many in the industry, was unarmed and not even allowed to wear a bulletproof vest under existing laws.   “He was forced to abandon his cover without the ability to defend himself.   That cost him his life,” the statement said.

The company is urging the government and Governor’s Office to amend the law to permit properly vetted and trained security personnel—many of whom are former police or military—to be armed.   The chairman emphasized that security officers serve on the same dangerous front lines as police yet face escalating threats without the same rights or resources.

He also criticized the lack of response from national leaders.  “There’s been no acknowledgement, no empathy, no call from government officials or the governor.  Our people are dying in silence, and the silence from those in power is unacceptable.”

Beyond firearms, the firm is also calling for legal access to non-lethal tools such as handcuffs, pepper spray, and protective equipment—currently restricted by law.

Spence Security’s statement ends with a stark warning: “Security lives matter. We protect this country’s banks, businesses, and people—but we are left vulnerable.  If we do not act now, more innocent lives will be lost.”

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