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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.

Independent writer

Wild, Free, and Out of Control: Grand Turk’s Animal Debacle Is No Island Secret

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Turks and Caicos, October 31, 2026 – Once again, I feel compelled to put pen to paper on this matter.  You don’t expect to slam your brakes in paradise.  But in Grand Turk, it’s becoming routine.

Donkeys roam along roadsides, darting into traffic, while packs of dogs linger around neighborhoods.  Tourists and residents alike face dangerous encounters with animals that, while symbolic of Grand Turk’s identity, now pose very real threats to public safety and themselves.

I’ve had near misses myself, and I’m not alone. This is no longer simply an island charm issue; it’s an unfolding dilemma that demands attention.

Grand Turk has a long history of romanticizing its animals. Donkeys, once essential to the island’s salt trade in the 1800s, are now part of its distinctive character. Yet neither they nor the growing population of free-roaming dogs are being adequately managed.

Estimates place the donkey population at around 500 on an island measuring just 10.5 square miles, with approximately 4,000–5,000 residents and tourist numbers that can double on cruise ship days. Add dogs that are quasi-owned—fed occasionally out of pity or when they wander onto someone’s property, but rarely properly cared for or contained—and the scale of the problem becomes clearer.

Feeding a dog occasionally is not the same as taking responsibility for it. The same applies to owners who fail to provide adequate fencing, allowing their dogs to roam freely through neighborhoods and onto public roads. Responsible ownership requires more than occasional feeding; it means ensuring an animal’s welfare while protecting the wider community.

Tourists may marvel at roadside donkeys or follow a friendly dog to the beach. But they don’t necessarily witness the accidents, injuries, property damage, and scattered garbage. Nor do they see how open grazing areas are disappearing beneath roads, homes, and new developments.

So, whose space is it now? Are the animals invading ours, or are we gradually taking theirs, leaving less vegetation for them to feed on?

This is not simply a debate about animals. It is about responsibility, planning, and public safety.

Grand Turk’s Department of Agriculture faces a challenging predicament. The Turks & Caicos Society for the Prevention of Cruelty to Animals (TCSPCA) does what it can, but without adequate funding and government support, its capacity remains limited. Volunteers continue to step forward, yet goodwill alone cannot resolve a problem of this magnitude.

There are several suggestions from avid Hooves & Paws TCI volunteers: Establish satellite watering holes away from high-traffic areas, properly maintain existing ones, or explore the creation of a donkey sanctuary etc.

We have recently welcomed the long-awaited arrival of a full-time veterinarian, but that alone is not enough. Support vehicles, appropriate facilities, and equipment for the safe and humane capture and treatment of animals are also essential.

There is another uncomfortable question that deserves an answer: Is the Department investing in the training and resources needed for the humane euthanasia of severely injured animals when recovery is no longer possible, rather than leaving police officers to resort to shooting them?

There may be emergencies in which officers must act immediately to protect human life. However, emergency responses should not replace a properly funded animal management programme. Severely injured animals deserve a humane, professional response, with veterinary guidance wherever circumstances permit.

We have also heard concerning reports of animal mutilation. Such reports warrant serious attention and, where appropriate, proper investigation. Animal welfare must be part of this conversation, not an afterthought.

If Grand Turk wants to preserve its Beautiful by Nature identity, it needs more than slogans. It needs enforcement, practical solutions, and a willingness to acknowledge that some animals are suffering while others pose genuine dangers to residents and visitors.

No one wants to strip the island of its character. Donkeys, dogs, horses, cows, and even the occasional roaming of goats or roosters contribute to the experience that makes Grand Turk memorable. But when charm becomes a hazard and beauty collides with danger, it is time to stop romanticizing the situation and start organizing around solutions.

There is no single, perfect answer. But continuing to do too little only increases the risk of more accidents, more suffering, and further damage to the environment we claim to cherish.

The wild can still be free, and humans and animals can coexist. But that balance requires responsible ownership, humane treatment, effective enforcement, adequate resources, and government leadership.

This administration must work alongside local volunteers, expatriate residents, animal welfare organizations, and the private sector to develop sustainable strategies before neglect leads to irreversible consequences.

Grand Turk’s animals are part of our heritage. Protecting that heritage means protecting the animals, the people who share this island with them, and the visitors who come here expecting paradise.

Ed Forbes

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Bahamas News

Federal Investigation into Florida Turnpike Tragedy that Killed Three Children of Bahamian Mother

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NTSB examining roadside assistance driver’s actions, SUV speed and seat belt use after six people perish in fiery collision

ORLANDO, FLORIDA — October 29, 2026 — Federal investigators have joined the investigation into a horrific Florida Turnpike collision that claimed six lives, including all three children of a Bahamian mother, as questions intensify over what caused the deadly crash.

The United States National Transportation Safety Board (NTSB) has confirmed that it is opening an investigation into the October 23 accident, which occurred around 9:31 p.m. near mile marker 252 in Orange County.

The agency’s involvement brings federal scrutiny to a tragedy that has devastated several families and prompted an extraordinary outpouring of sympathy and disbelief.

Among those killed were siblings Charles Milton, Jakara Milton and Dalvena Green, the three adult children of Marshall Clarke-Milton and her husband, Charles Milton Sr.

The siblings were traveling with three others to Universal Orlando’s Halloween Horror Nights, reportedly on their first trip together.

They never arrived.

FEDERAL INVESTIGATORS EXAMINE WHAT WENT WRONG

The NTSB confirmed to FOX 35 Orlando that its investigation will examine the training and performance of the roadside assistance driver, the actions of the SUV driver, including speed, and whether the occupants were wearing seat belts.

The agency investigates serious transportation accidents to identify safety failures and recommend measures that could prevent similar tragedies.

Its involvement does not establish wrongdoing by either driver.

The Florida Highway Patrol is conducting a separate investigation into the collision.

According to the preliminary police account, a Road Ranger roadside assistance truck had been parked in the highway median before its driver received instructions to assist a disabled box truck on the opposite shoulder.

As the Road Ranger moved across the northbound lanes, it collided with a 2023 Chevrolet Traverse carrying six adults.

Both vehicles left the roadway and caught fire.

All six occupants of the SUV died at the scene. The Road Ranger driver survived with minor injuries.

MOTHER CHALLENGES EARLY ACCOUNT

Witnesses reportedly told investigators that the SUV was traveling at high speed without its headlights illuminated.

However, those observations have not been established as the definitive cause of the collision.

Clarke-Milton has challenged suggestions that her children or their companions were responsible, urging investigators to examine the evidence before reaching conclusions.

She wants investigators to establish the SUV’s actual speed and determine whether its headlights were operating.

The family’s concerns underscore the importance of the continuing investigations, particularly given the movement of the roadside assistance vehicle across active highway lanes.

ALL THREE CHILDREN LOST

For Clarke-Milton, the investigation unfolds against an almost incomprehensible personal tragedy.

She lost all three of her children simultaneously.

In an emotional interview with FOX 35 Orlando, the grieving mother described the terrible feeling that overcame her when she could not reach them.

“My heart sank,” she said, recalling the moment she feared her children were involved.

The siblings were among six people whose lives ended during what should have been an enjoyable evening together.

The other victims included Timothy Williams and Shawn Palmer. A sixth person’s identity had not been publicly confirmed in the latest reports reviewed.

The family’s heartbreak has resonated across The Bahamas and beyond, with expressions of sympathy accompanying calls for answers.

SEARCH FOR ANSWERS CONTINUES

The Florida Highway Patrol has indicated that a crash report is expected within approximately ten days of the accident.

The NTSB’s investigation will examine broader transportation safety concerns, including the operation of roadside assistance vehicles and the circumstances surrounding the collision.

For the grieving families, the findings cannot reverse the tragedy.

But they may establish what happened on that stretch of Florida’s Turnpike and whether anything could have prevented six people from losing their lives.

For one Bahamian mother, the loss is especially devastating.

Three children left for an evening of entertainment. Not one came home.

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Joyful Collaboration between 2 Regional Foundations Uplifts Tourism Professionals in Turks & Caicos

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CHTA Education Foundation & Sandals Foundation Training Celebration with TCHTA in Providenciales 20 October 2026. Front Row, L to R: Suzanne & Louise CHTAEF Trainers, Wesley Clerveau, PS Ministry of Tourism, Deryck Meany for Sandals Foundation, TCHTA team: Stacy-Ann Wharton, VP – Nicholette Thomas Operations Manager - Omega Simmons Board Member

Turks and Caicos – Caribbean Supercharged Service, Learning & Leadership workshops were enjoyed by professionals from Grace Bay Car Rentals, a local sponsor, alongside a Heavy Machinery Rental Company, a Paint retailer, 8 resorts, a luxury villa management enterprise and 3 TCHTA sponsored junior chefs, including Team TCI Junior Chef 2026, Zaliya Dickenson, who will complete at the Taste of the Caribbean in November for her country.

These workshops were the result of the longstanding partnership between the CHTA Education Foundation and their sponsor, Sandals Foundation, who support the Caribbean Supercharged programme on a different island every year. This year, the Turks & Caicos Hotel & Tourism Association (TCHTA) hosted the initiative to the delight of its members.

The workshops targeted new team members, seasoned professionals, managers and supervisors. Topics included Foundations & Finesse within Customer Interactions, Delivering Clear Expectations for Service Consistency and Making Memorable Moments.

Sandals Foundation was pleased to also sponsor chefs, cooks, stewards, warehouse & purchasing staff from 7 resorts and 2 high schools for an intensive HACCP Preparation & Pre-Requisites informational day, including international coursebooks, team training booklets and each person’s international assessment fee. The course is approved by the Royal Society for Public Health UK, earns Continuing Professional Development Credits, and is recognized globally as the leading Food Safety Management System.

Deryk Meany, General Manager, Beaches TCI, represented Heidi Clarke, Executive Director, Sandals Foundation at the 20 October Celebration with energy and passion for professional development and life-long learning in tourism to ever uplift and grow ourselves. He asked participants to ‘never stop learning! Today is a step upwards in your personal growth and that of the industry. We are never too old to learn, to share our experiences within training and grow”

Wesley Clerveau, Permanent Secretary, Ministry of Tourism, gave spirited, positive inspiration and congratulations to the participants “Stayover arrivals in TCI have increased by 6% between January & June this year, we are hot! The place visitors wish to be, and your time, application and learning in each workshop is invaluable to us as a destination and to you as citizens and residents. I urge you to put what you have gained into practice immediately and keep applying yourselves; the more you upgrade, the more service elevates, the more we all succeed”

Karolin Troubetzkoy, Chairwoman, CHTA Education Foundation commented “Congratulations to everyone who participated in this year’s workshops, thank you for being fully engaged and making the most of your opportunity.

Special mention to the 8 past participants that we reunited with and are now working in leadership positions, BRAVO! We are delighted for you and encourage you to stay focused and keep shining and growing upwards.

It has been the Education Foundations honor to work closely with our sponsor Sandals Foundation and partner with TCHTA again to create Caribbean Supercharged positivity within each of you”.

Stacey-Ann Wharton, Vice President TCHTA, congratulated everyone present and stressed the TCHTA ongoing commitment to learning and development of members teams and management, along with special TCHTA scholarships for the HACCP session for 3 Junior Chefs, showing the Associations commitment to nurturing talent from High School upwards.

PHOTO CAPTIONS

First Insert: Wesley Clerveau, PS, Ministry of Tourism

Second Insert: Deryck Meany, GM Beaches TCI representing Sandals Foundation

Third Insert: Stacy-Ann Wharton, Vice President, TCHTA

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