A U.S. citizen who faced a minimum prison sentence of 12 years in the Turks and Caicos Islands after he was caught with 20 rounds of rifle ammunition in his bag when he and his family returned home to Pennsylvania in February has been given a suspended prison sentence. penalty and a $6,700 fine.
Bryan Hagerich is one of five American tourists, including a Florida woman, who were arrested in the British Overseas Territory this year for having ammunition in their luggage.
The ammunition possession charges under the territory’s tough new gun law have drawn both praise and criticism, while making global headlines for the sun-drenched island chain that spends thousands of euros promoting itself as a tourist resort just 900 kilometers south-east of Miami.
“Justice has been served as the law intended,” said the Prime Minister of Turks and Caicos Charles Washington Misick said in a statement after the ruling. “As we have said, the Firearms Act takes into account exceptional circumstances and today’s decision reflects our commitment to the independence of the judiciary, together with upholding the law. Residents and visitors can rest assured that Turks and Caicos is committed to safety and compassion as we protect the safety and rights of all.”
Last week, as islanders were watching the case closely and demanding that no special favors be granted, a U.S. congressional delegation of members of both houses and Florida Secretary of State Cord Byrd landed in the island’s largest city, Providenciales, the tourists to plead cases and ask for their immediate release.
They were quickly disappointed. Both Misick and Governor Dileeni Daniel-Selvaratnam denied the request and informed the delegation that they could not interfere in the legal proceedings. The fate of all those charged should be decided by the court, the government said. Daniel-Selvaratnam also pushed back on allegations that American tourists were targeted.
“We do not target US citizens and any statements to the contrary are baseless,” she said. “Our independent legal system upholds the rights and freedoms of all individuals, regardless of nationality, while maintaining the security and integrity of our islands.”
In addition to Hagerich, three of the suspects, Tyler Wenrich of Virginia, Ryan Watson of Oklahoma and Michael Lee Evans of Texas, have pleaded guilty.
Orlando resident Sharitta Shinise Grier, who is currently out on bail, has not yet entered a plea.
On Friday, Grier and Watson were in the courtroom to support Hagerich and witness the proceedings ahead of their own upcoming court hearings. Supreme Court Justice Tanya Lobban was stern and fearless. She told Hagerich that the 20 rounds of “big game” rifle ammunition found in his bag “are very serious.”
She mentioned the ongoing gun crime in the Turks and Caicos Islands and how the bullets could have easily fallen into the wrong hands. But she realized that Hagerich immediately took responsibility and cooperated.
It would therefore be “arbitrary and disproportionate”, Lobban said, to impose the mandatory minimum sentence of 12 years. She also took into account letters from Hagerich’s doctor about his medical condition, and a doctor’s note about how the stress over his detention had negatively affected his wife and 5-year-old daughter. Hagerich also provided 11 character references to the court, including from a member of Congress, a Somerset County commissioner and from his employer.
Ultimately, Lobban discovered that Hagerich did not deliberately bring the bullets into the country and that his case fell within the category of exceptional circumstances. She sentenced him to a 52-month suspended sentence and after initially imposing a $10,000 fine, reduced it to $6,700.
When asked if he could pay the fine, Hagerich said he could and was seen paying immediately after the procedure.
The cases have also sparked interest from the National Rifle Association, which described the Turks and Caicos Islands as “a potential nightmare for gun owners.”
Hagerich was represented by one of the area’s top firms, and after spending eight days in jail, he was forced to remain in the area until his case could be settled.
Despite her tough stance on those accused of bringing munitions into the country, Lobban did not leave the government of the Turks and Caicos Islands alone easily either. She said law reforms need to happen because visitors with firearms owners’ permits cannot face automatic penalties for accidentally leaving ammunition in their bags.
But all people are equally before the law, she emphasized, noting that they should go through the process so that a judge’s discretion can be applied, if the case merits it.
