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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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Community Comes Together as ISU Community Engagement Exercise Delivers Essential Services in Kew Town  

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Providenciales, Turks and Caicos Islands – Friday, 3rd July 2026: Residents of Kew Town and neighbouring communities turned out on Saturday, June 27, to access a range of free services and information during the ISU’s Community Outreach Caravan at the Church of God Abundant Life Ministries.

The outreach initiative brought together several government agencies and partner organisations in a single location, providing residents with direct access to health, safety, and emergency preparedness services while creating opportunities for meaningful engagement within the community.

Services available throughout the day included health checks and education, vision screenings, emergency preparedness information, fire safety guidance, and community policing engagement. Participating partners included the Department of Disaster Management and Emergencies, the Turks and Caicos Fire and Rescue Department, the Royal Turks and Caicos Islands Police Force’s Community Policing Unit, the Health Promotion and Advocacy Unit, and Menzies Optometry.

The exercise forms part of the ISU’s ongoing community engagement programme, which seeks to strengthen relationships with residents while improving access to public services through collaboration with partner agencies. By bringing multiple service providers together in one location, the initiative offered residents a convenient opportunity to access information, seek advice, and connect directly with agencies whose work supports the well-being of their communities.

The Informal Settlements Unit extends its sincere appreciation to the residents who attended and contributed to the success of the exercise, the partner agencies and organisations that dedicated their time and expertise, and the Church of God Abundant Life Ministries for graciously hosting the event. The Unit remains committed to working alongside communities and partner organisations to deliver initiatives that encourage engagement, strengthen partnerships, and improve access to essential services across the Turks and Caicos Islands.

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Beaches Turks & Caicos resort hosts high school tourism clubs from Providenciales and North Caicos  

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Clement Howell High School students and teachers being welcome by the General Manager at Beaches Turks and Caicos resort, Deryk Meany as they prepare to learn more about the daily operations of the resort and the team

PROVIDENCIALES, Turks & Caicos Islands: Beaches Turks and Caicos Resort recently welcomed students from Clement Howell High School in Providenciales and Raymond Gardiner High School in North Caicos for an immersive educational tour designed to expose young learners to the dynamic world of hospitality and tourism.

The visit formed part of the resort’s ongoing commitment to youth development and community engagement, providing students with insight into the operations of the Caribbean’s leading hospitality brand. During the tour, students were introduced to various departments across the resort, gaining a deeper understanding of the wide range of career opportunities available within the industry.

General Manager Deryk Meany addressed the visiting students, encouraging them to think creatively about their future career paths and to remain open to exploring non-traditional roles within the hospitality sector.

“The hospitality industry is constantly evolving, and there is space for innovation, creativity and leadership at every level,” Meany shared. “At Beaches Turks and Caicos, we are proud to provide opportunities for young people to jumpstart their careers, while also developing the skills needed to grow into future leaders.”

The local youth engaged with team members across multiple disciplines, including guest services, food and beverage, entertainment and operations.

Kawanza Morley, Tourism Club leader at Raymond Gardiner High School, expressed appreciation for the experience, noting its value in reinforcing students’ academic learning.

“This visit allowed our students to see firsthand how what they learn in the classroom translates into the operation,” Morley said. “We are grateful to Beaches Turks and Caicos for their hospitality and for creating such a meaningful and engaging experience.”

Educators accompanying the students also highlighted the importance of continued collaboration between schools and industry leaders. Raphael Delpeche of Clement Howell High School commended the resort for its ongoing support of youth development initiatives.

“We are very pleased with the level of exposure our students received,” Delpeche stated. “This relationship continues to create valuable opportunities for our students to better understand the industry and envision their future within it.”

For many students, the tour provided inspiration and a renewed sense of possibility. Tamani Gardiner, a fourth form student from Raymond Gardiner High School, remarked on the professionalism and efficiency observed throughout the resort. “I was really impressed by how smoothly everything operates,” Gardiner said. “The level of professionalism from the staff shows what it takes to succeed in this industry.”

Similarly, Clement Howell High School student Tanika Lightbourne shared her enthusiasm for continued involvement with the resort through its internship programme.

“I’m looking forward to returning to Beaches Turks and Caicos for another year of internship,” Lightbourne said. “This experience has helped me grow and I’m excited to keep learning and developing as a young professional.”

Through initiatives like these, the resort continues to play a vital role in empowering youth across the Turks and Caicos Islands and preparing them for meaningful careers in one of the country’s most important industries.

 

Photo Caption (insert): Students from the Raymond Gardiner High School pause to capture a photo moment at the Treasure Beach Village overlooking the infinity pool during their recent resort tour and educational experience

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Sandals® and Beaches® Resorts Launch Rebranded Loyalty Program, ‘Island Insiders Club’

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~All-inclusive resort company elevates rewards program, offering expanded benefits and member-only events & experiences, rooted in the spirit of the islands~

MONTEGO BAY, JAMAICA, July 2, 2026 Sandals and Beaches Resorts unveiled today the introduction of its new Island Insiders Club, the next chapter of its refreshed loyalty program. Replacing the long-running Sandals Select Rewards program (established in 2008), the new program is designed to elevate the guest experience with a more immersive approach to awards and recognition. Effective July 1, 2026, the transition will preserve members’ current status and existing benefits, while expanding access to enhanced rewards, exclusive events and enriched experiences that bring members closer to the Caribbean.

“We are expanding how loyalty shows up across every stay to encapsulate what our loyal members already are — an inside part of the Sandals and Beaches family,” stated # SVP of Loyalty at Unique Vacations, Inc., worldwide representative of Sandals and Beaches Resorts. “We developed this program side-by-side with the guests who know the resorts, the islands, and the people best, drawing on extensive focus groups, surveys, and direct feedback. The result is a loyalty experience that goes far beyond points, and is felt in every welcome home.”

Guests can enroll in Island Insiders Club before their very first visit, and begin earning status after their first stay. The program features seven levels of loyalty, the highest being Ambassador, followed by Pearl, Diamond, Emerald, Sapphire, Coral and Shell (which replaces the former Select tier).

More Access. More Recognition. More Caribbean.

Sandals Select Rewards members will roll over to the Island Insiders Club on July 1, 2026, maintaining their status and benefits with no reset.

Island Insiders Club highlights include:

  • Choice of Insider Reward: A flexible credit that lets Insiders choose the experiences that best match their vacation style, from relaxing at the Red Lane Spa to embarking on an adventure with Island Routes.
  • The Insiders Shop: A private online merchandise store featuring premium collections and limited-edition drops, including handcrafted artisanal pieces, available exclusively for Island Insiders.
  • Room Upgrade Hotline: Now available exclusively for members, Insiders can request a room upgrade 30 days prior to travel and receive up to 50% off their upgrade when they call a dedicated number.
  • Dedicated VIP Concierge Line: A one-stop, full-service customer care team supporting Diamond, Pearl, and Ambassador members throughout their vacation journey, helping to book their flights, tours, special requests and more.
  • Expanded Insider Experiences, On and Off Resort: Exclusive Insider events including specialty weeks focused on diving, autism inclusion, and culinary experiences on resort. Plus, access to a series of experiential events across the globe.
  • 20% off Managers Wine List Discount: Returning members receive 20% off the Manager’s Wine List, offering another elevated touch for dinners, celebrations, and special moments on resort.
  • $200 Laundry Service Credit: Ambassador members will receive a $200 laundry service credit, adding an extra layer of ease and convenience to longer stays.
  • Complimentary Week Stay: A complimentary 7-night stay at any resort of choice is awarded to members after every 70 paid nights.
  • New Member Incentive: Those “newly inside” who book and travel will receive 5,000 bonus points after their first stay.

As always, Insiders enjoy special access to cabanas, a complimentary photo on every trip, member discounts on everything from retail and watersports to candlelight dinners, and added savings on future stays at the loyalty lounge.

New Name, New Look and a Nod to Nostalgia

The Island Insiders Club’s refreshed visual identity is built around a simple pair of sandals, now the signature symbol of Island Insiders Club and a throwback to an Insider tradition that’s been worn for decades, from vintage gold and silver pendants in the early days to the leather necklaces shared at member events today.

The new brand look will roll out across consumer touchpoints in the months ahead, from dedicated Island Insiders Club lounges to on resort signage, marketing and sales channels, digital and more, bringing Island Insiders Club to life through a modern design and multiplatform approach.

An Exclusive Inside Scoop

In true Insider fashion, Island Insiders Club was first unveiled to the brand’s most loyal members during a special “Step Inside Our Sandals” video conference. Designed as an Insider-first briefing, the call gives top members an early look at brand news and upcoming developments. Hosted by Peter Menges, the event walked members through the highlights of the new program, what to expect, and the refreshed look and feel of Island Insiders Club, before Sandals and Beaches Resorts’ Executive Chairman Adam Stewart gave an exclusive look at what’s next and the reimagining of three iconic Sandals Resorts in Jamaica.

For more information about Island Insiders Club or to become a member, visit: www.sandals.com/islandinsidersclub.

Go behind-the-scenes of the Island Insiders Club with Peter Menges on the Sandals Palmcast and read the latest on the Sandals blog.

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