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American who carried ammunition on the Turks and Caicos Islands receives 52 weeks’ probation. Fate of the other defendants still unclear

American who carried ammunition on the Turks and Caicos Islands receives 52 weeks’ probation. Fate of the other defendants still unclear

By Hagerich family/WPXI

Bryan Hagerich can be seen in an undated photo.



CNN

The first of several Americans recently charged with ammunition possession in the Turks and Caicos Islands was sentenced Friday to 52 weeks’ probation and a $6,700 fine, his lawyer told CNN.

But four other Americans still await their fate. They have all been arrested in recent months and accused of bringing varying amounts of ammunition to the 40-island chain southeast of the Bahamas. In the Turks and Caicos, possession of firearms or ammunition carries a minimum sentence of 12 years, although the law allows for a reduced sentence under “exceptional circumstances,” the governor said.

A delegation from the US Congress travelled to the islands this week and called for the charges against five Americans who allegedly “accidentally” had ammunition in their luggage to be dropped.

Bryan Hagerich of Pennsylvania has pleaded guilty to the charges, the government of the Turks and Caicos Islands said.

On Friday, his 52-week sentence was suspended for a year, meaning he will not face immediate prison time, said Hagerich’s lawyer, Oliver Smith, King’s Counsel.

Hagerich will be able to leave the British overseas territory and return to the United States once he pays the fine, Smith said. If he does not pay the fine, he will have to serve the full 12-month prison sentence.

The fine is expected to be paid on Friday, Hagerich’s lawyer told CNN.

“He’s satisfied, he’s relieved,” Smith said of his client. “The sentence is appropriate and fair under all circumstances. And he’s relieved and looks forward to paying the fine and returning home as soon as possible.”

Hagerich imposed a comparatively lenient sentence, although the US authorities had expressed their disappointment at the attempted intervention.

“Despite our willingness to work with Turks and Caicos authorities to bring our constituents home, unfortunately we have been unable to find a way forward,” Republican Senator Markwayne Mullin of Oklahoma said in a statement this week.

In addition to Hagerich, two other Americans – Michael Lee Evans and Tyler Wenrich – have pleaded guilty to possession of ammunition while traveling, according to the government of the Turks and Caicos Territory.

Evans is free on bail and has been allowed to return to the United States due to “serious” health problems, but must return to the Turks and Caicos Islands for his next hearing, Smith said.

A fourth American, Ryan Tyler Watson, will be heard next Tuesday to decide whether to confess or go to trial, Smith said.

A fifth American, Sharitta Shinese Grier, was arrested last week and is awaiting trial after being released on bail, according to Kimo Tynes, communications director in the Prime Minister’s Office and Public Policy.

Turks and Caicos Islands: No group should receive special treatment

Turks and Caicos Governor Dileeni Daniel-Selvaratna said the mandatory minimum sentence of 12 years for possession of firearms or ammunition was introduced to protect the people of the islands and that in “exceptional circumstances” judges could impose a lesser sentence at their discretion.

However, no group should be given special treatment, said the Prime Minister of the Turks and Caicos Islands, Washington Misick.

“The law must be applied impartially,” he said.

And US citizens are not in the crosshairs, said representatives of the Turks and Caicos Islands. Of the 195 people convicted of weapons offenses in the last six years, only seven were US citizens, Misick said on Thursday. So far, no US citizen has been sentenced to a 12-year prison term.

Although the territory does not manufacture firearms or ammunition, the number of firearms entering the islands has increased, Misick said. By comparison, the United States has more guns than residents.

From now on, the import of firearms or ammunition into the Turks and Caicos Islands without prior police authorization is “strictly prohibited”.

Although the United States and the Turks and Caicos Islands work together to combat drugs, terrorism and money laundering, “our laws and procedures are not identical,” Misick said.

“We are a sovereign state in our own right. We respect the laws of the United States and will never think of interfering in their execution.”

But at least one appointed opposition member, Alvin Garland, expressed concern about the arrest of American citizens.

Garland said the islands’ governor was doing the right thing by not interfering in the ongoing legal proceedings in order to respect the separation of powers in government. But he added that he believes most, if not all, cases involving American tourists fall into the category of “extraordinary circumstances” and therefore sentences could be shorter than the mandatory minimum of 12 years.

This story has been updated with additional information.

CNN’s Maija Ehlinger, Hira Humayun, Lauren Mascarenhas and Rebekah Riess contributed to this report.