Pennsylvania Man Fined, but Spared Prison for Bringing Ammo to Turks and Caicos

The first American tourist to be sentenced for accidentally bringing ammunition to the Turks and Caicos Islands since a February ruling took effect that raised the penalty for the “crime” to a minimum of twelve years in prison was spared incarceration on Friday. Instead, Pennsylvanian Bryan Hagerich can leave the country once he pays a $6,700 fine.

Hagerich had faced a possible 12-year sentence, the country’s minimum for possessing guns or ammunition, under a strict law in place aimed at addressing rising crime and gang violence. However, the judge found exceptional circumstances and that the mandatory minimum of 12 years was unjust and disproportionate to the crime committed.

Hagerich has been stuck in the Turks and Caicos for more than 100 days; sharing a condo with several of the other tourists who are still awaiting trial and wondering when he’d get the chance to return home.

Hagerich had stray ammo from a previous hunting trip in one of the compartments of a large suitcase his family had loaded their belongings into for a family vacation.

“I never in a million years thought I’d be in Turks and Caicos for over 100 days for a simple mistake,” Hagerich said.

[Ryan] Watson had stray ammo, also left over from a hunting trip, in the lining of his carry-on bag. [Sharitta] Grier had stray bullets in the lining of her bag after she recently purchased a firearm for her own protection. She told Fox News Digital that her brother owns a store that she sometimes closes at night and wanted a firearm in case of an emergency.

The governors of Oklahoma, Virginia, and Pennsylvania wrote a letter to the Turks and Caicos governor asking for clemency on behalf of those detained, while a congressional delegation visited with officials in person earlier this week to lobby for their release. Senator Markwayne Mullin of Oklahoma was among the members of Congress who expressed frustration after the meeting, but that meeting may have more of an impact than he realized.

While Hagerich’s release is good news, there’s no guarantee that the other tourists trapped in the Turks and Caicos Islands will receive the same leniency. The Turks and Caicos Sun newspaper has been highly critical of the efforts to intervene in the cases, and I wouldn’t be surprised if today’s decision results in a bit of a backlash from locals.

Not to be overlooked in this burning and sensitive matter, was the April 23 press statement by the Attorney General which made it clear our system already tempered justice with for violations of this nature, in “exceptional circumstances”, but with a mandatory minimum prison sentence. The Court of Appeal upheld and strengthened this position by insisting the court had no jurisdiction to impose a non-custodial sentence.

This jurisdiction has also let it be known that the provisions of the Firearms Ordinance routinely apply to all, irrespective of status, origin and nationality.

We faithfully adhere to the Latin legal maxim “Fiat justitia ruat caelum”; Let justice prevail though the heavens may fall.”

In this case justice did prevail, at least to the extent that a simple mistake won’t result in more than a decade in prison. What justice would be served by sentencing Hagerich or any of the other defendants to 12 years or more behind bars when there’s no evidence that any of them intentionally took ammo to the “gun-free” islands? The ammo wasn’t even discovered until these tourists were about to leave the Turks and Caicos Islands, but instead of confiscating the ammo and putting them on the next plane out authorities have forced them to remain in the British protectorate until their cases are resolved.

Virginia resident Tyler Wenrich is scheduled to be sentenced next Tuesday, and I hope he too will be able to resolve his case with a hefty fine instead of being detained for more than a decade. Mistakes may have been made, but it would be an injustice to punish Wenrich with incarceration, especially now that his fellow detainee will soon be headed home.