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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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Beaches Turks & Caicos gives Enid Capron Primary a pre-term facelift

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PROVIDENCIALES, Turks & Caicos Islands: — Beaches Turks and Caicos has refreshed the grounds of Enid Capron Primary School in Five Cays, Providenciales, ahead of the new school year, with a landscaping team from the resort, pruning and cutting back overgrown branches to give the campus a cleaner, safer look.

The project focused on the school’s exterior plantings, where tangled growth had begun to encroach on walkways and outdoor learning areas. The team spent time trimming hedges, thinning dense shrubs and removing deadwood to improve sightlines and airflow around the buildings.

Assistant Landscaping Manager, Kemar Jones said the work at Enid Capron is a regular priority for the department, which views community giving as a core part of its mandate. He noted that supporting local schools, particularly through hands-on environmental work, has long been a focus area for his team.

Jones, said the effort reflects the group’s wider commitment to the islands. “As a team, our goal is to give back to our communities and especially providing support for the environment and education,” Jones noted. “The team is always ready to share our skills with making the school environment more comfortable for our students and teachers.”

General Manager Deryk Meany framed the project as part of Beaches’ broader approach to working alongside the community beyond the resort gates. “At Beaches Turks and Caicos, we operate as a team not only within the confines of the resort but also with our communities,” Meany added. “Being able to share our varied skills is always our main focus. Providing a comfortable learning environment allows for a greater relationship with our educational collaborators.”

He added that the resort seeks opportunities to support range of school-based initiatives, from environmental and leadership clubs to creative programmes.

Minister of Education, Youth, Sports and Culture Hon. Rachel Taylor described the landscaping mission as a continuation of a long-standing relationship between the Ministry and Beaches Turks and Caicos. “This mission from our major private sector supporter, Beaches Turks and Caicos is a long standing activity,” Taylor said. “At Enid Capron Primary School, we are treated as family. Once we reach out to the resort, they have always responded in a positive way.”

Hon. Taylor said the support is particularly valuable in the areas of education and community development, where consistent private-sector engagement can amplify government efforts.

Nelene Swann, vice principal at Enid Capron Primary welcomed the refreshed grounds as a boost to morale before classes resume. “This is what true collaboration looks like,” she noted. “This is more than a facelift for the school. The team from Beaches Turks and Caicos has shown true commitment in adding to this learning environment for our students and teachers.”

She said the improved landscaping contributes to a more comfortable and inviting campus for all stakeholders. “This is a good way to start the new school year. This facelift will certainly make the facilities here at the school more appealing to our students, teachers and parents.

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TCICC Earns International Recognition at Ignition Community Conference 2026

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Dr. Daniel at the Ignition Community Conference (ICC) 2026 with award in hand alongside Travis Cox -Chief Technology Evangelist / Inductive Automation

Providenciales, Turks and Caicos Islands – Friday, 9 October 2026: The Turks and Caicos Islands Community College (TCICC) has earned international recognition after receiving the 2026 Educational Engagement Firebrand Award at the Ignition Community Conference (ICC) 2026.

The College was represented by Dr. P. Vijay Daniel, Lecturer in the Faculty of Computing, Engineering and Mathematics, who presented TCICC’s Island Smart Utility Platform project before an international audience of industry professionals, system integrators, educators, researchers and technology experts.

Organised by Inductive Automation, ICC is an international conference focused on industrial automation, technology, system integration and innovative applications developed using the Ignition platform.

TCICC’s award-winning project integrates Ignition with affordable ESP32 microcontrollers to support sustainable agriculture while providing students with hands-on experience in Internet of Things (IoT), Supervisory Control and Data Acquisition (SCADA) and automation.

The project was also featured in the conference’s Discover Gallery, providing TCICC with an opportunity to showcase its work to approximately 1,900 attendees from across the international industrial automation and technology sectors.

Speaking to the significance of the achievement for education and innovation in the Turks and Caicos Islands, the Honourable Rachel Marshall Taylor, Minister of Education, Youth, Sports and Culture, remarked:

“I congratulate Dr. P. Vijay Daniel and the Turks and Caicos Islands Community College on this outstanding achievement. Recognition on an international platform demonstrates the talent, innovation and potential that exist within our education system. Initiatives such as the Island Smart Utility Platform show how education, technology and practical learning can work together to prepare our students for the opportunities of the future.”

The recognition also reflects TCICC’s continued commitment to strengthening applied, innovative and technology-driven education while preparing students for an increasingly digital workforce.

Reflecting on what the achievement represents for the College and its students, Dr. Candice Williams, President/CEO of the Turks and Caicos Islands Community College, stated:

“This recognition is a significant achievement for TCICC and reflects our commitment to providing students with meaningful opportunities to apply what they learn in the classroom. We are extremely proud of Dr. Daniel and the work being undertaken within the Faculty of Computing, Engineering and Mathematics. This award demonstrates that innovation taking place at TCICC can achieve international recognition and contribute to the continued development of the Turks and Caicos Islands.”

For Dr. Daniel, the conference provided an important opportunity to share TCICC’s work internationally while engaging with professionals and experts from around the world.

Sharing his experience of representing the College on the international stage, Dr. Daniel said:

“Representing the Turks and Caicos Islands Community College at ICC 2026 was a proud and meaningful experience. Presenting our project in the Discover Gallery and receiving the Firebrand Award for Educational Engagement was especially rewarding because it recognised the work we have been doing with our students.

To see TCICC and the Turks and Caicos Islands represented on such a major international platform was truly special.”

Dr. Daniel also expressed appreciation to the Management of TCICC for its continued support and for providing him with the opportunity to represent the College internationally.

PHOTO CAPTION:

Insert: Dr. P. Vijay Daniel and Mr. Menelik Astwood (Chair of Faculty for Computing, Engineering and Mathematics).

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Stakeholders Strengthen Collaboration on Housing and Informal Settlements at World Habitat Day Roundtable

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Providenciales, Turks and Caicos Islands – Friday, 9 October 2026: Representatives from across Government and key stakeholder organisations came together on Monday, 5 October, for a World Habitat Day Stakeholder Roundtable focused on housing, informal settlements and opportunities for stronger inter-agency collaboration in the Turks and Caicos Islands.

Held at the Salvation Army Brighter Futures Centre under the theme “Adequate Housing for All,” the roundtable was hosted by the Informal Settlements Unit (ISU) and the Department of Housing and Community Renewal, in collaboration with the Planning Department.

The event brought together representatives from agencies whose respective mandates intersect with housing, land use, infrastructure, environmental management, social development and informal settlements. Discussions focused on the challenges affecting access to adequate housing in the Turks and Caicos Islands and the need for coordinated approaches to both existing informal settlements and future housing development.

Opening remarks were delivered by Justice Carlos W. Simons KC, Strategic Lead of the Informal Settlements Unit; Premier of the Turks and Caicos Islands, Hon. Charles Washington Misick; and Her Excellency Dileeni Daniel-Selvaratnam, Governor of the Turks and Caicos Islands.

In his remarks, Premier Misick acknowledged the housing crisis facing the Turks and Caicos Islands, including the gap between the cost of housing and what many residents can afford. He emphasised the need to move beyond discussions and planning towards practical action to address the challenges. “I’m calling on all of us…to get from behind the desk, from focusing on producing paperwork and nice presentations and let’s focus on actually delivering what we have been tasked to deliver” the Premier urged.

Governor Daniel-Selvaratnam also addressed the pressures on housing availability and affordability arising from the Islands’ rapid economic growth, noting their connection to the proliferation of informal settlements. While recognising the difficult circumstances faced by individuals seeking shelter, she stressed the need for responses that balance humanitarian considerations with the enforcement of laws governing land use, planning, immigration and public safety.

“This is therefore not a choice between humanity and enforcement. A mature response must be capable of holding several truths at once- that some people are genuinely vulnerable…that the state has responsibilities towards those at risk, and that equally, laws governing land, planning, immigration and public safety must retain meaning,” the Governor stated.

The Department of Housing and Community Renewal, Planning Department and Informal Settlements Unit subsequently delivered presentations examining the issue from their respective areas of responsibility.

The Housing Department outlined current housing challenges and initiatives being pursued to expand access to appropriate and affordable housing. The Planning Department examined the relationship between housing, land use, infrastructure, safety and resilient community development, while the ISU presented findings from its GIS mapping and Social Needs Assessment Survey and outlined possible pathways for addressing informal settlements through regularisation, redevelopment and alternative housing solutions.

The presentations were followed by a guided stakeholder discussion examining issues including housing affordability, infrastructure, land availability, informal settlement regularisation, environmental and social considerations, and the roles different agencies can play in developing sustainable responses.

A key outcome of the discussion was an agreement to establish a stakeholder liaison network, with each participating organisation committing to designate a representative to serve as its principal point of contact. The network will provide a mechanism for continued communication and information-sharing among participating agencies, while helping to identify opportunities for closer collaboration on matters where their respective mandates intersect.

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