Based on the financial records of US national Jason James Grogg, Magistrate Michael Laudat has rescinded his decision not to impose a custodial sentence against him as according to the Magistrate, the court will not impose a fine against a person who cannot pay it.
When the matter returned to court for the third day —April 27, 2023, —attorneys for Grogg attempted to move the court with an offer.
On April 24, 2024, Jason James Grogg, his wife Jennifer Elaine Grogg, and his daughter Hannah Elaine Grogg were brought before the Magistrates Court and slapped with several firearm and ammunition-related offenses.
The couple was not required to enter a plea for two indictable matters of trafficking in firearms and ammunition.
However, on the summary charges of possession of one black and grey Glock 19 pistol, 15 live rounds of 9mm ammunition, and four Glock 19 magazines each containing 15 rounds of ammunition found at his home in Belfast Mahaut on April 17 and 18, 2023, Jason pleaded guilty whilst his wife and daughter entered not guilty pleas.
Additionally, they were charged with possession of 17 20-gauge Winchester ammunition and the two camouflage magazine pouches, each containing two (2) 5.56 magazines, with each magazine containing 30 rounds of ammunition totalling one hundred and twenty rounds (120) of 5.56 ammunition found in a container he possessed, which he also pleaded guilty to.
The Director of Public Prosecution, Sherma Dalrymple withdrew the seven complaints against his wife and 18-year-old daughter following his guilty plea.
On the same day, the High Court also ruled that the arrest and detention of Grogg’s three minor children ages 16,14, and 12 was unconstitutional and unlawful.
The charges against the 16-year-old daughter were dropped. When the matter returned to court on April 25, 2023, State attorney attached to the office of the Director of Public Prosecution (DPP), Marie Louise Pierre-Louis presented the facts of the case to the court.
Following this, attorneys for Grogg Jilane Prevost and Julien Prevost made a plea in mitigation to the court.
Before handing down his sentence, Magistrate Laudat had made an order pursuant to section 104 of the Magistrate’s Code of Procedure, to remand Grogg into custody at the Dominica State Prison pending his submission of his financial records to the court.
The maximum penalty on summary conviction of possession of firearm and ammunition is a fine of $20,000.00 or a term of imprisonment not exceeding 15 years, or fine and confinement.
Magistrate Laudat posited that the court is aware that the new sentencing guidelines regarding firearm-related offenses must be applied unless the court is to deviate from the guidelines in the public’s interest.
He said however that he was not inclined to impose a custodial sentence against the 44, year-old US national but before passing sentence, the court needs to determine Grogg’s ability to pay for his crimes.
The matter was adjourned to May 5, 2023, unless his attorney can “move the court” before this date.
Only two days later, the defendants’ attorneys came back before the court with an offer.
Grogg’s financial records from his account in the USA and in Dominica were presented to the court which showed pittance.
According to his attorneys, Grogg who has since retired as a millwright in the USA transferred his retirement funds to his account in Dominica upon migration in 2021. Since then, the monies have “expired.”
However, they presented the sum of US $4000.00 which is EC$10,810.20 for their client’s release.
In response, Magistrate Laudat stated this was “not enough.”
“Possession of firearm and ammunition are serious offenses in the Commonwealth of Dominica especially when an entity of the State is used during the commissioning of the crime,” he averred. “To impose a fine of $10,000.00 given the amount of ammunitions and firearms seized would be a mockery of the administration of justice and remove the
confidence of the public in the judicial system.”
“We have US$4,000 and we can get an additional US$2,000 which will be EC$16,200 that we are prepared to hand over to the court today and pay the balance at a later date.”
However, Magistrate Laudat stated any fine imposed by the court would be a forthwith fine as the court was not inclined to give a foreign national time to pay.
“He can leave at any time after sentence is passed so to give him time to pay would not be in the public’s interest,” Laudat posited.
The attorneys then made another offer of EC$20,000.00 to the court which was again rejected.
Exasperated, Grogg’s attorneys pleaded with the court to inform the defendant of the fine it was minded to impose against him but such information was not forthcoming from the Magistrate.
In response, the presiding Magistrate instructed the lawyer to review past sentences handed down by the court against persons who had been charged with a firearm-related offense.
“The court cannot impose a fine on someone who cannot pay, to do so, the court would be making a mockery of the administration of justice. The defendant must show means of his ability to pay a fine and based on the financial records I have not seen that.”
“You have to move the court with a forthwith offer,” Laudat declared.
But in response, Julien Prevost stated, “the court is heavy it cannot be moved. We have scrapped up everything we have and offered to the court, but it is unfair to the defendant that the court will not tell us what fine it will impose.”
“The court [is] not heavy Mr. Prevost,” Laudat contends, “but when an entity of the state is used during the commissioning of an offense a clear message needs to be sent.”
Grogg too pleaded with the court to impose a sentence against him. “Sir I would like my wife to be released, so I would like the court to proceed with sentence against me and send me to prison. We have four children at home.”
However, as his legal advocate, Jilane Prevost asked the court to disregard the statement of their clients and urged the court to impose a fine against him.
Since Grogg had pleaded guilty at the first opportunity she inquired about his 1/3 discount and further reduction for his “good character and level of cooperation with the police.”
However, succeeding the lengthy proceeding, Magistrate Laudat said the court would deal with each charge based on its totality.
“So instead of fining him $20,000.00 for each of [the] firearms and ammunition found, the court will set the fine at $20,000.00 for all the ammunition and $20,000.00 for the firearms offense, a total of $40,000.00.”
He did note, based on Grogg’s financial records, the court is rescinding its decision to impose a non-custodial sentence.
Jilane Prevost then begged the court to maintain the initial sentencing date of May 5, 2023, which Magistrate Laudat granted.
Although the DPP withdrew the seven summary charges against his wife Jennifer Elaine Grogg, she is still jointly charged with her husband on two indictable charges of trafficking firearms and ammunition into Dominica. As a result, Jason James Grogg and his wife Jennifer Elaine Grogg were remanded in custody at the Stock Farm Prison.
Let them and their kids go home. Why wouldn’t they have a weapon for protection staying there with strangers they don’t know around their little kids!!The authorities seem after money and they need investigated
If that guy ever go back to America without paying his fine the court might as well kiss that fine goodbye, he must pay now or be jail, make an example of him anyway I cannot recall seeing ugly Lenny, hanging out in court maybe he knew this guy had no money let alone to pay his fine.
I guess if Grogg had carried out a mass shooting scenario, we would say authorities were slack. What was this ‘Christian’ really planning? Did the police question him properly as to his real intentions? Were the interviews recorded? He needed to be punished to the full extent of the law. Jail plus fine. His financial state should not be an issue. This back and forth bargaining is nonsense. Charge him the maximum; if it was EC$100,000 he would find the money. Period. He knew full well he needed a licence to have ammunition or weapon in Dominica, yet he broke the law. Perhaps the Police needed to be careful to keep the children in custody until they could ascertain their innocence or guilt. Many children in the US are exposed by parents to weapons as part of their upbringing. https://www.theguardian.com/lifeandstyle/2014/jul/25/kids-guns-and-the-american-way. They are not our local naive children. So when parents commit those crimes in another country, consider your children.
Ah so master gets special treatment….if one of us get caught with a gun is straight jail and we labeled criminal. Hinting at fines??? What madness that???
That’s what happens when you short of magistrates and hire any one willing. At least letting him slide like that may help to keep the U.S of his back, they’re big on guns, and race, and he is one of their missionaries. This ‘sleeper cell’ meets all the prerequisites to go free with only a fine.
The unconstitutional act of arresting minors by members of the C.D.P.F. isn’t surprising. Since the “me-the-people” leader came into office he has corrupted the levers of good governance to include the judiciary and police. It’s known that politicians run the affairs of the police to the extent of who gets recruited into the force, who gets promoted. This square pegs in round holes approach will undoubtedly cost taxpayers big time. Wait for any delays in the airport promise to be blamed on the high cost of satisfying the suit which Jason and his family will file against the police and government. It’s high time for there to be a real competent police chief and other officers who are competent and who will follow the constitution of the country. Will someone be fired or demoted over this fiasco? I expect it but I won’t bet on it. Dominica I’m sorry.
“On the same day, the High Court also ruled that the arrest and detention of Grogg’s three minor children ages 16,14, and 12 was unconstitutional and unlawful”..
. So a whole Sargent of police, Uncle Timothy or let me say Carpral Timtim, condee my grand mother unconstitutionally arrested the children which are US citizens? That is some serious sheet if you ask me.
Be ready for the diplomatic fall out on this one. It may be handled quietly but America doh play where their children are concerned especially when a rouge government aligned with China are involved. Timothy should be demoted to recruit and sent back to training school. Even a recruit would know better than that, and to think he was once an instructor at the training school? Them man have become too heavy handed under Deputy Corbette. The police force needs reform and they need it now. Calling on Mr. Weeks for commissioner!
What nonsense you writing ? I live in America precisely NYC, for over 43yrs. And trust me they detain minors here also especially in the Black & Brown community. BTW!
They are also Americans born in the USA.
Dominica have it’s laws, when you are in that Country or any Country you abide by their rules. PERIOD!!
In the case of the minor children ages 16,14, and 12, they were being briefly detained.
until the situation was under control.
I sense a hater of Dominicans or the the law that’s doing what is required of them to do.
@Dominican/American stop being eedeeyot!
There is a difference between “detain” and “arrest”. Anyone can be detained after the commission of a crime but an arrest can only be effected under certain conditions and one of the primary factors is that it cannot violate ones constitutional rights. You go it? So “living in NYC precisely’ for over 43yrs has not help you intellectually. Imagine that? Maybe is time you come back home my friend to learn. Blessed!
I understand the Glock-19 was loaded with 15 rounds of live 9mm ammo.The police does not say if the 4 magazines each containing 15 rounds of 9mm ammo was live or not.How those high powered rounds of ammo pass through customs is a Mistry.In the 1981(Red Dog) conspiracy to overthrow the DFP government,there was no such high powered weapons.I doubt ammo,except the 9mm were deliberately put in the container for Dominica.The charge of trafficking in firearms will not stand.The DPP should know that.
@ Clown
The man did not have a firearm import permit for Dca nor did he have a firearm export permit from the US. He did not declare any of the items to customs at the port of entry or exit hence the intent. So my friend, he can get convicted for trafficking but again you may be right because our police nowadays and others in the DPP office are known to be incompetent slackers. Gone are the days of badas. police investigators like Insp. Hillaire (Theft Act), Insp. Duke Severin, Supt. Philsbert Alfred, Commissioner Simon Darroux, ASP. Antoine Defoe and even Insp. Michael Laudat (now Magistrate).
When these guys were done with investigating a case a present it to the DPP not even air could pass. These cases were as tight as titus rear end
.
“the court will not impose a fine against a person who cannot pay it”………. WHAT!!!!!?????
You did the crime pay up or do the time.
“On the same day, the High Court also ruled that the arrest and detention of Grogg’s three minor children ages 16,14, and 12 was unconstitutional and unlawful”.
So, is our constitution back from “Hell”? Then I must ask the PM about that. Can everyone see how corrupt Dominica really is? One day “to hell with it.” Another day it’s fine. This same constitution will one day put some BIG WHEELS behind bars.