American facing 12-year sentence for bringing ammo into Turks & Caicos learns his fate

A U.S. citizen who was looking at a minimum mandatory 12-year prison sentence in the Turks and Caicos Islands after being caught with 20 rounds of rifle ammunition in his bag as he and his family were returning home to Pennsylvania in February has been given a suspended sentence and fined $6,700.

Bryan Hagerich is among five American tourists, including a Florida woman, who were arrested in the British overseas territory this year for having ammunition in their luggage.

The charges for ammunition possession under the territory’s new tough gun law have generated both praise and criticism, while making global headlines for the sunswept-island chain that spends thousands marketing itself as a tourist haven just 600 miles southeast of Miami.

“Justice has been served as the law intended,” Turks and Caicos Premier Charles Washington Misick said in a statement after the verdict. “As we have said, The Firearms Act includes consideration for exceptional circumstances and today’s decision reflects our commitment to judicial independence along with upholding the law. Residents and visitors can be confident that the Turks and Caicos Islands are dedicated to safety and compassion as we protect the safety and rights of all.”

Last week, as islanders paid close attention to the case and demanded no special favors be granted, a U.S. congressional delegation of members of both chambers and Florida Secretary of State Cord Byrd landed in the islands’ largest city, Providenciales, to plead the tourists’ cases and ask for their immediate release.

They were quickly disappointed. Both Misick and Gov. Dileeni Daniel-Selvaratnam rejected the request, informing the delegation that they could not interfere with judicial proceedings. All those charged had to have their fates decided by the courts, the government said. Daniel-Selvaratnam also pushed back on accusations that American tourists were being targeted.

“We do not target U.S. nationals and any statements to the contrary are without merit,” she said. “Our independent justice system upholds the rights and freedoms of all individuals, regardless of nationality, whilst maintaining the security and integrity of our islands.”

In addition to Hagerich, three of the accused, 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 in anticipation of their own upcoming court dates. Supreme Court Justice Tanya Lobban was stern and unflinching. 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 culture in the Turks and Caicos Islands and how the bullets could have easily fallen into the wrong hands. But she recognized that Hagerich immediately took responsibility and was cooperative.

It would therefore be “arbitrary and disproportionate,” Lobban said, to impose the mandatory minimum 12-year sentence. She also took into consideration 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 had 11 character references provided to the court, including from a member of Congress, a Somerset County commissioner and from his employer.

In the end, Lobban found that Hagerich didn’t intentionally bring the bullets into the country and his case fell within the category of exceptional circumstances. She sentenced him to 52 weeks suspended sentence and after initially issuing a $10,000 fine she reduced it to $6,700.

Asked if he could pay the fine, Hagerich said he could and immediately after the proceedings was seen paying.

The cases have also generated interest from the National Rifle Association, which described the Turks and Caicos as “a potential nightmare for gun owners.”

Hagerich was represented by one of the territory’s top firms, and after spending eight days in jail he was forced to remain in the territory until his case could be adjudicated.

Despite her tough stance toward those accused of bringing ammunition into the country, Lobban also did not let the government of the Turks and Caicos off easily. She said law reforms need to take place because visitors who are licensed firearms owners cannot face automatic sentences because they inadvertently left ammunition in their bags.

But all people are equally before the law, she stressed, noting that they had to go through the proceedings so that a judge’s discretion can be applied, if the case merits it.