Connect with us

News

“Exceptional Circumstances”, Judge has the power to sidestep 12-year sentence for Bullet possession

Published

on

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.

News

GOLD & SILVER – Hall & Guerrier Fly High for Turks and Caicos at CARIFTA 2026

Published

on

Turks and Caicos, April 06, 2026 – Technical excellence early in their jumps became the defining factor for two Turks and Caicos athletes, as David Hall soared to gold in a nail-biting Under-20 high jump final at the 53rd CARIFTA Games in Grenada. Herwens Guerrier added to the country’s success with a 1.90 metre clearance to secure silver in the Under-17 division, finishing in a tightly contested field where all three medalists cleared the same height.

Both events were decided on countback — meaning the medals were determined not just by height cleared, but by which athlete did so with fewer failed attempts, highlighting the importance of precision and composure under pressure.

A wave of national pride followed the results, with congratulatory messages pouring in for the athletes who delivered under pressure on the regional stage. In a statement, Dileeni Daniel-Selvaratnam praised both competitors, saying their “hard work, discipline and determination have made the entire nation proud,” while encouraging the wider team to continue striving as competition unfolded at the Kirani James National Stadium in Grenada.

Team Turks and Caicos finished just outside of the top ten among 28 competing nations, and anticipation is already building for what is expected to be a spirited homecoming for the standout athletes, whose performances have ignited pride across the islands.

The 53rd staging of the CARIFTA Games, held at the Kirani James National Stadium in Grenada, unfolded under warm, at times testing conditions, with intermittent showers and shifting winds challenging athletes across disciplines.

Jamaica once again asserted its dominance, capturing its 40th consecutive CARIFTA title, continuing an unmatched run in regional athletics. Among the standout performers was Shanoya Douglas, whose electrifying run in the Under-20 200 metres earned her the prestigious Austin Sealy Award — the Games’ highest individual honour — after she shattered the long-standing record of Bahamian Shaunae Miller-Uibo, who went on to become an Olympic gold medalist in the 400 metres. Douglas clocked an impressive 22.11 seconds to rewrite the CARIFTA record books.

For Turks and Caicos, however, the spotlight remained firmly on the field, where two high jumpers delivered performances defined by discipline and growth. Hall’s gold medal-winning clearance of 2.00 metres marked a significant step forward in his development, improving on his 1.89 metre silver medal performance at the 2025 Inter-High Championships. Guerrier’s 1.90 metre effort in the Under-17 division similarly places him among the country’s top emerging talents, signalling a strong future for the event locally.

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

Continue Reading

Bahamas News

Fuel Pain at The Pump: Global Tensions Drive Prices Up as Bahamians Feel the Squeeze

Published

on

NASSAU, Bahamas — What should be a simple five-minute drive is fast becoming an expensive, hour-long ordeal, as rising fuel prices collide with worsening traffic congestion across New Providence.

As of early April 2026, gasoline prices across The Bahamas have climbed sharply, with motorists now paying an estimated $5.50 to over $6.50 per gallon, depending on the station and grade. The increases, seen at major retailers including Esso, Rubis and Shell, reflect a volatile global oil market driven by escalating geopolitical tensions.

The latest spike — in some cases jumping more than 50 cents per gallon within days — is being driven by uncertainty surrounding escalating tensions involving Iran. U.S. President Donald Trump has issued a direct ultimatum, warning that the United States could launch aggressive strikes on Iranian infrastructure, including power plants and key facilities, if demands are not met. While he has also expressed hope for a swift resolution, the threat of rapid escalation is already rattling global oil markets — and The Bahamas, heavily dependent on imported fuel, is feeling the impact almost immediately.

At the pumps, the frustration is real.

Drivers are now paying significantly more just to sit in traffic. Commutes that once took minutes are stretching into hour-long crawls, burning fuel with little movement and compounding the financial strain. For many residents, the issue isn’t just the price per gallon — it’s how quickly that gallon disappears.

Industry players are also bracing for impact. Higher diesel prices are expected to ripple across key sectors, including trucking, construction, and shipping — all of which ultimately feed into the cost of goods and services. In short, this is not just a fuel story; it’s an inflation story in the making.

Despite the surge, the Bahamas Petroleum Retailers Association has moved to calm fears, confirming that there is no fuel shortage. Supply remains stable, but consumers are being urged to adjust behavior — from maintaining proper tyre pressure to considering carpooling — small measures that could stretch every dollar a bit further.

Retailers, however, are not offering much comfort on price relief. While fluctuations are expected, insiders say the days of sudden price drops are unlikely in the immediate term. The “shock” increases may level off, but a meaningful decline hinges on global stability — something that currently feels out of reach.

For Bahamians, the reality is tightening: higher fuel costs, longer commutes, and a growing sense that relief isn’t coming anytime soon.

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

Continue Reading

News

DECLARATIONS DUE: INTEGRITY COMMISSION CALLS PUBLIC OFFICIALS TO ACCOUNT

Published

on

PROVIDENCIALES, Turks and Caicos Islands — It’s that time again — a period of compliance, accountability and transparency for those entrusted with public office and captured under the category of “Specified Persons in Public Life.”

The Integrity Commission is reminding all individuals who fall within this category that they are legally required to file their Declarations of Income, Assets and Liabilities, in accordance with Section 39 of the Integrity Commission Ordinance.

The declaration window is now officially open, running from April 1 to June 30, 2026, and applies to a wide cross-section of senior public officials, statutory board members and others operating within the machinery of government.

This is not a routine administrative exercise. It is a cornerstone of good governance — designed to ensure that those in positions of power are transparent about their financial interests, and to guard against corruption, conflicts of interest and illicit enrichment.

Who Must File

The Commission outlines several categories of individuals required to submit declarations this cycle.

They include:

  • Persons who last filed on or before June 30, 2024
  • Individuals newly appointed to statutory boards or government positions from April 1, 2026 onward
  • Those who have demitted office, resigned or whose contracts have ended — who must file within 90 days of leaving their post
  • Individuals who may not have previously realized they fall under the legal requirement

The net is wide — and intentionally so.

“Specified Persons in Public Life” includes elected officials, senior civil servants, financial officers, law enforcement leadership, members of statutory bodies, and other key decision-makers whose roles carry influence over public resources and policy.

Among them are Members of the House of Assembly, Cabinet Ministers, Permanent Secretaries, Heads of Department, senior police officers, and individuals serving on public boards and commissions.

The Commission notes that the full schedule of designated roles is extensive, and persons are encouraged to consult the official list available through its office or website to confirm whether they are captured under the law.

How to File

Unlike many modern reporting systems, this process remains deliberately controlled.

All declarations must be:

  • Submitted in person
  • Delivered by appointment only
  • Accompanied by supporting documentation

Declarants will be contacted directly with their assigned appointment details, including date, time and location. The Commission has made it clear — submissions through third parties, email or mail will not be accepted.

This approach reinforces the seriousness of the process and ensures the integrity of submissions.

Declaration forms are available via the Commission’s website, and assistance is accessible through its Providenciales office for those needing clarification.

Penalties for Non-Compliance

The warning from the Commission is unambiguous.

Failure to file a declaration without reasonable cause is a criminal offence.

Penalties include:

  • Up to one year imprisonment
  • A fine of up to $15,000
  • Or both

Additionally, the Commission is mandated to publish the names of non-compliant individuals in the official Gazette — a move that carries both legal and reputational consequences.

Confidential but Critical

While the process is strict, the Commission emphasizes that all declarations are confidential documents, handled with discretion.

Still, the purpose is clear: transparency does not always mean public disclosure — but it does mean accountability to an independent oversight body.

In a region where public trust can be fragile, these filings serve as a quiet but powerful mechanism to reinforce confidence in governance.

For Turks and Caicos, this annual exercise is more than paperwork — it is a test of integrity at the highest levels.

And for those required to file, the message is simple: comply, disclose, and do it on time.

For more information or to confirm filing obligations, individuals are encouraged to contact the Integrity Commission directly.

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

Continue Reading

FIND US ON FACEBOOK

TRENDING