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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.

Government

$94.1Mfor Health; Knowles Pushes to Keep Care at Home

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Turks and Caicos, April 25, 2026 – A major shift in how healthcare is delivered in the Turks and Caicos Islands is at the center of the Government’s latest budget, with a focus on reducing reliance on overseas treatment and strengthening services at home.

Presenting his contribution to the national debate, Kyle Knowles outlined a strategy aimed at building a more sustainable healthcare system—one that allows more residents to access quality care within the country.

The health sector has been allocated $94.1 million, making it one of the largest areas of public spending in the $550.8 million Budget passed on April 23.

Central to the Minister’s approach is a restructuring of the Treatment Abroad Programme (TAP), which has grown significantly in recent years as more patients are sent overseas for specialized care.

The Government now aims to reverse that trend.

“We are reforming healthcare to ensure long-term sustainability,” Knowles indicated, pointing to efforts to strengthen local services and reduce the need for travel.

The strategy includes improving healthcare infrastructure, expanding services available within the islands and increasing efficiency through the digitization of medical records.

Digitization is expected to support better coordination of care, reduce delays and allow for more accurate tracking of patient needs—part of a broader effort to modernize public services.

The Minister emphasized that the goal is not only cost control, but improved access.

“No family should have to leave home to get quality care,” he said, underscoring the Government’s intention to refocus healthcare delivery on local capacity.

The shift comes as rising healthcare costs continue to place pressure on public finances, with overseas treatment representing one of the most expensive components of the system.

By investing more heavily in domestic services, the Government is seeking to reduce that burden while improving outcomes for residents.

While the direction is clear, details on timelines and the pace of expansion for local services were not fully outlined in the presentation.

Still, the emphasis on sustainability, access and modernization signals a strategic pivot in how healthcare is expected to evolve in the Turks and Caicos Islands.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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Government

Premier Defends Budget Strategy, Rejects Claims of Inefficiency

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Turks and Caicos, April 25, 2026 – Premier Charles Washington Misick has pushed back against criticism of the Government’s newly passed budget, defending both its direction and execution as deliberate and necessary for national development.

Wrapping up debate on the $550.8 million Budget, passed on April 23, the Premier dismissed concerns raised by the Opposition about inefficiency, rising costs and gaps in delivery, insisting the Government’s approach is measured and focused on long-term growth.

“This budget is about delivering for our people,” Misick said, as he reinforced the administration’s commitment to infrastructure, healthcare expansion and broader economic development.

Opposition Leader Edwin Astwood had earlier challenged the Government’s performance, pointing to unfilled posts, delayed projects and what he described as weak execution despite increasing allocations.

In response, the Premier rejected the notion that the Government is failing to deliver, instead arguing that building national capacity takes time and sustained investment.

He maintained that staffing challenges are being addressed and that improvements across ministries are ongoing, even as demand for public services grows.

The Premier also defended the scale of spending, framing it as a necessary step to support development across the islands, rather than unchecked expansion.

“We are investing in the future of this country,” he said, pointing to continued funding for infrastructure, community development and public services.

On the question of equitable growth, Misick reiterated his administration’s focus on balanced development, including ongoing investments in the Family Islands.

He argued that progress is being made, even if transformation is not occurring as rapidly as some would like.

Throughout his closing remarks, the Premier leaned on the country’s economic fundamentals—highlighting strong cash reserves, stable growth projections and international confidence in the Turks and Caicos Islands’ fiscal management.

While the rebuttal addressed criticism head-on, it did not significantly alter the structure of the budget or introduce major new measures in response to concerns raised during the debate.

Instead, the Government’s position remained consistent: the plan is in place, the investments are targeted, and delivery will continue.

The exchange underscores a clear divide—between an Opposition pressing for faster, more measurable results, and a Government maintaining that its strategy is already on course.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

PHOTO COURTESY OF THE OFFICE OF THE PREMIER

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Government

Digital Government Push Advances, but Reliability and Security Details Remain Unclear

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Turks and Caicos, April 25, 2026 – There was no mistaking the enthusiasm of the Minister of Finance, Investment and Trade, E. Jay Saunders, as he laid out his vision for a more digitally driven Turks and Caicos Islands—one where services are faster, systems are connected, and doing business is easier.

But within that forward-looking presentation, what remained notably absent were clear timelines and defined measures to ensure data security and system reliability.

“We are moving toward a fully integrated digital government,” Saunders told the House, as he outlined a future where public services are delivered seamlessly through technology.

With responsibility for the country’s economic and digital transformation, Saunders pointed to several areas expected to be reshaped by the rollout of e-government systems, including revenue collection, business licensing, customs processing and access to public services—all designed to reduce delays, improve compliance and streamline transactions.

The vision is one of convenience and efficiency: fewer lines, faster approvals, and systems that communicate across departments rather than operate in silos.

Within the framework of the Government’s $550.8 million Budget, passed on April 23, the digital push is positioned as a key driver of modernization and improved service delivery.

However, for many users, the experience of government systems today remains inconsistent.

Periodic outages, payment disruptions and service downtime continue to affect daily transactions, raising practical concerns about how quickly the country can transition to a fully digital model.

Despite the scale of the ambition, the Minister’s presentation did not directly address how system reliability will be strengthened or how data will be protected as more services move online.

Those elements—uptime, security and resilience—are critical to public confidence, particularly as businesses and residents become increasingly dependent on digital platforms to access government services.

The direction is clear, and the potential impact is significant.

But as the country moves closer to greater digital dependence, the success of that transformation will ultimately rest not just on what is promised—but on whether the systems can be relied upon when they are needed most.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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