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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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TCI Border Force Hosts Border Security Training for Overseas Territories

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Turks and Caicos, February 12, 2025 – The Turks and Caicos Islands (TCI) Border Force recently concluded a series of critical training exercises focused on container targeting, search procedures, and firearms awareness. This initiative, a vital investment in regional security, saw TCI Border Force officers joined by colleagues from the Anguilla Customs Department, BVI Customs Department, and Cayman Islands Customs and Border Control.

The training, conducted from 21st to 31st January, was facilitated by a team from Home Office International Operations through the Foreign, Commonwealth & Development Office (FCDO) Border Security Programme and organised via the Integrated Security Funding Overseas Territories Border Security Programme. This collaborative effort underscores the commitment of the UK government and participating agencies to combat transnational crime and the flow of illicit goods within the Overseas Territories.

The curriculum encompassed three courses. The first, Fundamentals of Container Targeting (21st-24th January), focused on enhancing participants’ understanding of current priorities and container targeting capabilities, risk analysis within container traffic, and practical exercises utilising intelligence flows. The second, Search of Containers, saw participants receive specialised training on current threats facing the shipping industry and best practices for container search procedures. Finally, a crucial course on Firearms Awareness provided instruction on various types of firearms and the identification of firearm parts, equipping officers with the knowledge necessary to interdict illegal weapons.

These training exercises represent a significant step forward in strengthening the TCI Border Force’s ability to facilitate trade while protecting the borders of the Turks and Caicos Islands. Enhanced targeting and search capabilities will lead to more effective screening of cargo and potentially shorter processing times for legitimate shipments. Greater security will also be evident as the increased focus on firearms awareness will contribute to a safer environment.

“This training is a crucial investment in the safety and security of the Turks and Caicos Islands,” stated Emilio Seymour; Director General of TCI Border Force. “By working collaboratively with our regional partners and leveraging the expertise of the Home Office, we are significantly improving our ability to detect and deter criminal activity. The enhanced skills acquired by our officers will have a direct and positive impact on our community, protecting our economy and ensuring a safer environment for all.”

The TCI Border Force remains committed to protecting the borders of the Turks and Caicos Islands and ensuring the safety and security of its citizens. This training initiative represents a significant investment in that commitment.

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Solar PV Projects Completed at Critical Turks and Caicos Islands Healthcare Facilities

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Grand Turk Wellness Center

PRESS RELEASE

 

FROM THE Ministry of Public Safety and Utilities

South Caicos

Providenciales, Turks and Caicos Islands 11th February 2025 – The Turks and Caicos Islands (TCI) have taken a significant step toward a more sustainable energy future with the installation of five (5) solar photovoltaic (PV) systems at key healthcare facilities across the archipelago.

This initiative, funded by the European Union through the Resilience, Sustainable Energy, and Marine Biodiversity Programme (RESEMBID) and implemented by Expertise France, aims to enhance sustainability, reduce operational costs for the TCI Government, and contribute to long-term economic viability.

North Caicos

The solar PV systems have been strategically installed at critical medical facilities, including the Blue Hills Clinic in Providenciales, the Bottle Creek Clinic in North Caicos, the Alsada Hall-Malcolm Primary Healthcare Clinic in Middle Caicos, the South Caicos Primary Health Clinic, and the Wellness Centre in Grand Turk. These healthcare centers provide essential services to local communities, and the integration of solar energy demonstrates TCI’s commitment to environmental responsibility and energy efficiency within vital public sectors.

Leading this transformative initiative is the Energy and Utilities Department (EUD) under the Ministry of Public Safety and Utilities (MPSU). The EUD has overseen the installation and integration of these solar PV systems within the local energy landscape, leveraging the islands’ abundant sunshine which averages approximately 350 sunny days per year — an ideal setting for solar energy generation. These systems, equipped with advanced battery storage solutions, will significantly reduce electricity costs for healthcare facilities while ensuring uninterrupted power supply during grid outages or energy supply challenges.

Middle Caicos

EUD Commissioner Delano R. Arthur emphasized the importance of this initiative: “The solar PV systems will greatly reduce electricity costs and symbolize our shift toward a sustainable energy future. This investment not only strengthens energy security, but reduces dependence on imported fossil fuels, lowering carbon emissions and environmental impact.”

The collaboration between the European Union, Expertise France, and local government agencies ensures that the project aligns with international renewable energy standards, benefiting both the environment and the community. Installation was successfully carried out by Green Revolution Ltd., a local company committed to advancing sustainable development in TCI. Their involvement highlights the importance of local expertise and community engagement in executing renewable energy initiatives.

Blue Hills

For further information, please contact:

Energy and Utilities Department (EUD)
Email: eud@gov.tc

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SHARK INCIDENT, BLUE HILLS

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12 February 2025, Providenciales – On Friday 7 February a tourist was injured by a shark in the waters adjacent to Blue Hills, Providenciales.

The individual was taken to Cheshire Hall Medical Centre where she was stabilized and later flown off island for further medical care.

Upon confirmation of the incident the Department of Environment & Coastal Resources (DECR) issued a beach closure notification from Thompson’s Cove Beach to Froggies ATV, Blue Hills in an abundance of caution. The beach was reopened on Sunday, February 9th at 1pm after it was determined that the shark had moved to deeper water.

The shark was estimated to be approximately 6ft in length, however the species is yet to be confirmed.

Further to the investigation, it has been determined that the tourist had attempted to engage with the animal from the shallows in an attempt to take photographs.

The DECR would like to urge the public to always  be aware of your surroundings, follow local advisories, and respect marine life. Swim in designated areas, avoid murky waters, never swim alone, and do not attempt to feed marine wildlife under any circumstances

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