Wilkie Arthur

Freelance Court Correspondent

#TurksandCaicos, May 11, 2024 – Ambulance Driver/ Paramedic remanded for possession of four rounds of ammunition.

The Office of the Director of Public Prosecution during the plea and directions hearing dropped the firearms charge on an application by senior defense counsel, Mrs. Lara Maroof Misick.

The accused TERRELL JOSEPH, 29 then entered a guilty on the ammunition charge alone in the hope of a reduced sentence of less than 12 years imprisonment; a sentence he automatically faces according to law.

His counsel, Maroof-Misick will indeed argue and put forward submissions before his Lordship, The Hon. Mr. Justice Chris Selochan surrounding “exceptional circumstances” in an attempt to get a significantly reduced sentence for the four rounds alone.

The firearm, in this case, that he allegedly possessed was “somewhat” defective and may not have passed the legal test in a criminal trial. Joseph knew the gun wasn’t working and at the time of his arrest, the firearm could not be fired, Magnetic Media learned.

As proper ministers of justice under the leadership of the then acting DPP, Mrs. Angela Terry Brooks, hearing counsel for the accused, decided to withdraw the firearm charge and proceeded with the ammunition alone.

Sentencing for the ammunition possession offence is on May 29^th at 2pm and many will be watching as the ambulance driver – a man of very good standing in the community who was described as having “saved many lives” – hears the decision on his sentence.

Many have drawn comparisons between this case and that of tourists, who were also charged under the Firearms Ordinance with possession of ammunition.

Terrell Joseph could be the first local to be sentenced since the Court of Appeal’s direction on the proper interpretation of the Firearms Ordinance Amendment 2022.

Joseph was found with the gun and ammo in an early morning raid by Police at his apartment in early October 2023. He was remanded, and despite his clean record and impeccable lifestyle, he was denied bail.

The former ambulance driver remains at the Department of Corrections and Rehabilitation awaiting sentencing.

Members of the public speaking to our news team, says that if anyone deserves a chance to far lesser sentence or no jail time, it is this accused.

His arrest for firearm and ammunition broke the hearts of many upstanding law-abiding citizens of these Islands as no one could speak ill of him, and he was and still is loved by many given his profession of saving lives.

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.

Wilkie Arthur

Freelance Court Correspondent

Father and son facing criminal charges at a Thursday April 25th, Plea and Directions Hearing (PDH); both CHUNCO SEYMOUR (father) and SHAKEME SEYMOUR (son) were in the same courtroom, but their matters were called separately.

In a stunning turn of even, CHUNCO JESTAN SEYMOUR appeared at court in person, thought clearly still suffering from injuries sustained in a traffic accident. He had been attending doctor in the Dominican Republic at the time he was listed as a suspect in a high profile police investigation into alleged gun running.

Despite obvious physical discomfort, Seymour showed up and was extended some non-customary courtesies by the Court.

His attorney, Mrs Latisha Williams-Bruce, asked his Lordship, The Hon. Mr Justice Chris Selochan, if her client could remain seated upon his arraignment as he still suffering from the injuries as indicated in his bail application to the court. The judge asked if he couldn’t stand for the charges to be put to him and defense.

“My lord, we would prefer if he could remain seated.”

The judge acquiesced to the request and a seated SEYMOUR had read off, two charges of constituting to supply a firearm and conspiracy to supply ammunition, to which the elder Seymour plead, not guilty to both.

It is alleged that CHUNCO SEYMOUR acting together with RYAN SMITH, JUMILLO ISMA and others conspired to supply a firearm and ammunition between May 3, 2022 and May 31, 2022.

CHUNCO trial date was fixed to commence on December 2nd this year.

As for his son, SHAKEME SEYMOUR, who has been presently on remand since 2020 in a separate matter, a North Caicos shooting matter, he was not arraigned on these new conspiracy charges because his lawyer Mr. Finbar Grant was not present for the proceedings.

No explanation was provided for the ‘no show’ at court, however one was soon obtained by the Clerk, who managed to reach Grant via phone. Grant confirmed that he would not be in court and that he was not able to see, speak or take instruction from his client as yet in the matter.

The judge explained to SHAKEME SEYMOUR that his matter would be adjourned to the next PDH sitting on May 31st.

The judge did say the charges faced by young Shakeme Seymour “are very old matters from 2022, and they should be dealt with as a priority.”

The younger Seymour remains on remand at His Majesty’s Prison.