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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

Government Outlines New Healthcare Vision as Interhealth Exit Accelerates Reform  

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By Magnetic Media Newsroom

 

PROVIDENCIALES, Turks and Caicos Islands — The Turks and Caicos Islands Government says the breakdown of its relationship with InterHealth Canada presents an opportunity to reshape healthcare delivery, with plans to expand local medical services, strengthen primary care and reduce dependence on overseas treatment.

During a national briefing following InterHealth Canada’s notice terminating its hospital contract, Premier Charles Washington Misick acknowledged publicly for the first time that Government and InterHealth had been negotiating an exit from the arrangement for more than a year after what he described as an “irretrievably broken down” relationship.

Despite the contractual dispute, Misick and Health Minister Kyle Knowles stressed that healthcare services will continue uninterrupted during the transition.

“Allow us to do our job,” Knowles appealed, assuring residents that Government is actively managing the transition and safeguarding patient care.

The Premier outlined what amounts to a broader healthcare transformation built around four connected levels of care: strengthened community-based primary healthcare; expanded polyclinic services; enhanced hospital-based secondary care with greater specialist capacity; and overseas tertiary treatment only for cases that cannot be managed locally.

Among the proposals are the long-discussed establishment of intensive care units, expanded use of currently unfinished hospital space, recruitment of more resident specialist physicians and stronger contract management to oversee future healthcare agreements.

Knowles said the new polyclinic model will broaden services available outside the hospitals, including dentistry, ophthalmology, laboratory services, diagnostic imaging, gynaecology and preventative screening, helping to reduce pressure on emergency departments while improving early intervention.

Misick also acknowledged that while the hospital system significantly improved healthcare access after opening in 2010, Government believes further reform is necessary to improve affordability, sustainability and the range of services available within the Turks and Caicos Islands.

The briefing marked the Government’s most comprehensive explanation to date of its plans beyond the InterHealth contract, signalling that officials now see the transition as an opportunity to redesign healthcare delivery rather than simply replace one operator with another.

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Education

Turks and Caicos Islands Students Excel at Cycle 13 WizdomCRM Regional AI Game National Awards Ceremony

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Ministry of Education Representatives with Rubis and Top 3 Performers

Providenciales, Turks and Caicos Islands – Wednesday, 22 July 2026:  The Ministry of Education, Youth, Sports and Culture proudly congratulates the students of the Turks and Caicos Islands on their outstanding performance at the Cycle 13 WizdomCRM Regional Virtual Sustainable Stock Market AI Game National Awards Ceremony.

The ceremony was held on Thursday, 16 July 2026, at the Blue Haven Resort, under the theme “Champions Today. AI Leaders Tomorrow.” It was hosted by the Ministry in collaboration with WizdomCRM.

Students across the Caribbean took part in the investment challenge, each beginning with a virtual portfolio of USD $25,000 and working to grow it through simulated investments on regional and international stock markets. Throughout the competition, students were guided by Mr. Rabbit, WizdomCRM’s AI Tutor, and supported by E-Classroom sessions, building financial literacy, critical thinking and investment skills.

The Turks and Caicos Islands emerged as the region’s top-performing territory, claiming the top six regional positions, securing 14 of the Caribbean’s Top 20 places, and placing four schools on the regional leaderboard. Leading the region was Marc Roubentz-Perceus of TCIPS Comprehensive High School, who grew his portfolio to USD $370,336.63. He was followed by Joshua Creese of Raymond Gardiner High School in second place, and Stendro Chalas of TCIPS Comprehensive High School in third. Raymond Gardiner High School was also recognised as the Top School for Cycle 13.

Hon. Rachel M. Taylor, Minister of Education, Youth, Sports and Culture, said: “I congratulate every student who took part in Cycle 13. You

have demonstrated the confidence to compete with the very best students regionally, and you have shown our country what is possible. This success is not luck; it is the result of an ecosystem built by students, teachers, parents, school leaders and partners who continue to invest in educational excellence. As we look ahead, the Ministry is in active discussions with WizdomCRM to expand access to its AI-powered learning tools, including Super AI, the AI Tutor, the Plagiarism Checker and the Grammar Checker, so that our young people are equipped with the future-ready skills they need to succeed.”

The Ministry extends sincere appreciation to the dedicated teachers who mentored the students, and to Rubis Turks and Caicos, whose sponsorship provided the cash prizes awarded to the top three regional champions. The Ministry also thanks WizdomCRM, participating schools, parents and stakeholders for their partnership in this achievement, which reflects the Ministry’s continued commitment to innovation, digital learning and youth development across the Turks and Caicos Islands.

WIZDOM CRM – Top Performers Cycle 13

Position  Name  School Portfolio Value Regional Placement
1st Marc Roubentz-Perceus TCIPS Comprehensive High School $ 370,336.63 1st
2nd Joshua Creese Raymond Gardiner High School $ 264,841.31 2nd
3rd Stendro Chalas TCIPS Comprehensive High School $ 247,738.09 3rd
4th Ojed’harlie Jolissaint Wesley Methodist School $ 227,389.60 4th
5th Tyshawn Wright Raymond Gardiner High School $ 189,064.18 5th
6th Jah’keem Missick Raymond Gardiner High School $ 173,654.58 6th
7th Curvin Handfield Raymond Gardiner High School $ 156,984.89 8th
8th Chadazea Darville Wesley Methodist School $ 147,428.43 9th
9th Vivaan Castleton British West Indies Collegiate $ 120,833.83 14th
10th Damendine Simplus TCIPS Comprehensive High School $ 118,660.55 15th
11th Dyvion Louis Raymond Gardiner High School $ 111,572.81 16th
12th Colin Moriarty British West Indies Collegiate $ 106,854.81 17th
13th Kensley Felix TCIPS Comprehensive High School $ 101,285.06 18th
14th Redjino Saint-Louis Raymond Gardiner High School $ 99,927.39 19th

TEACHERS

  1. Fexnel Colvert – TCIPS Comprehensive High School
  2. Valerie Olice – Raymond Gardiner High School
  3. Warren French – Wesley Methodist School
  4. Phyllis Boucher – British West Indies Collegiate

Top Performing School: Raymond Gardiner High School

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Government

Parnell Urges Premier to Step Aside, Proposes Bipartisan Board to Guide Healthcare Transition

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By Magnetic Media Newsroom

 

PROVIDENCIALES, Turks and Caicos Islands — Opposition Leader Douglas Parnell is calling on Premier Charles Washington Misick to step aside, arguing that the Government has failed to provide the leadership, transparency and public engagement needed as the Turks and Caicos Islands prepares for one of the most significant changes in its healthcare system.

Responding to Government statements following InterHealth Canada’s contract termination notice, Parnell said residents were only now learning officially that negotiations with the hospital operator had been underway for more than a year, despite several previous opportunities for Government to inform the public.

He questioned why no detailed explanation was provided during the State of the State Address, Budget Debate or recent healthcare announcements, including the opening of the new polyclinic.

Parnell argued that while the PDM supports reforming or replacing the existing hospital arrangement, the process must be transparent and centred on the public interest.

The Opposition Leader reminded residents that the PDM had challenged the InterHealth agreement while in government, pursuing arbitration and preparing further legal action over concerns about the contract before leaving office following the General Election.

To guide the next phase, Parnell proposed establishing a bipartisan Health Transition Board comprising Government and Opposition representatives to oversee the transition, monitor public accountability and manage the procurement process for any future healthcare provider.

He also outlined what the PDM believes should form the foundation of the next healthcare system, including guaranteed continuity of care, automatic employment protection for hospital workers, recruitment incentives for specialist physicians, expanded intensive care services, comprehensive mental health care, enhanced geriatric services and accelerated efforts to attract qualified Turks and Caicos Islanders in the medical profession back home.

Parnell also presented ten questions for Government covering outstanding payments, borrowing plans, legal implications, transition arrangements and the future structure of healthcare delivery.

He said the changes now unfolding require decisive leadership, openness and a carefully managed transition that places patients, healthcare workers and the long-term interests of the Turks and Caicos Islands first.

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