Magistrate Pearl Williams has reserved her decision on a bail application for US national Jason James Grogg, as she has requested further submission from the defense and the prosecution before ruling.
When the matter returned to court on May 11, 2023, the third time this week, Grogg was further remanded into custody of the Dominica State Prison following the reading of the customs charges.
Two days after Grogg was released from prison following his payment of a $25,000.00 fine for possession of firearm and ammunition, he was intercepted at the Douglas Charles Airport on May 4, 2023, whilst en route to Barbados.
Eight charges were later preferred against him by customs, five indictable, and three summary charges.
At his first court appearance this week, Magistrate Michael Laudat who previously presided over the Grogg police matter rescued himself from this case. The matter was adjourned and the following day, May 9, 2023, Grogg appeared before Magistrate Pearl Williams where two of the eight charges were read to him. He pleaded not guilty to both charges of false declaration of a Toyota Dyna Truck on March 8, 2023, at the Woodbridge Bay Port in Fond Cole as well as falsely declaring Custom declaration C 32672 dated September 24, 2021, as it pertained to one Glock 19 serial number # BATY153 with laser sight attached, four Glock magazines, 45 live rounds of 9mm ammunition, one Spartan sentinel generation 2 body armor vest, 17 Winchester 20 gauge ammunition, four rifle Magazines, 120 live rounds of
.223 of Remington ammunition, that were undeclared. This was contrary to the provisions of Section 186 (1)(b) of the Customs Act Chapter 69:01 of the Revised Laws of Commonwealth of Dominica 2017.
The Director of Public Prosecution (DPP) Sherma Dalrymple requested an adjournment to amend the remaining charges prior to them being read to the accused.
When the issue of bail arose, Dalrymple objected to bail on the grounds that the accused was a flight risk and urged the court to consider the penalty clauses for the offenses for which the accused is charged. She alluded to the fact that, if found guilty, Grogg is liable on summary conviction to a fine of $100,000.00 or three times the goods or imprisonment
for five years.
Finally, she posited, it was not in the public’s interest to grant bail to the accused as one of the charges is with respect to firearms and ammunition. However, in response, defense attorney Jilane Prevost who represents Grogg along with Julien Prevost argued that it was in the public’s interest to grant bail to their client.
According to her, the substantive matter relating to the firearm charges has already been dealt with by the criminal court and the public confidence relies not only on public safety but on the due process of the law. Prevost contended, to further remand her client to Dominica State Prison would be an abuse of process since he was incarcerated for 17 days awaiting sentencing for the police charges.
On the issue of flight risk she averred, the court recently ruled that this in itself cannot stand as a ground to deny bail or object to bail for non-nationals charged with any offense. Prevost further put forward that there was no evidence that the defendant was attempting to flee from this jurisdiction or attempting to evade prosecution as according to her, on the date he was expected to travel, his parents, wife, and four children were in Dominica at their resident in Belfast and he was expected to return to Dominica three days later.
After submission from both the prosecution and defense, Magistrate Williams remanded Grogg at the Stock Farm Prison pending her decision on the bail application on May 11, 2023.
When the matter returned to court on that day, the remaining charges were read to him.
On the third summary charge, it is alleged that on September 5, 2023, at the Woodbridge Bay, Fond Cole, Grogg did cause to be submitted to the Comptroller of Customs, false Customs Declaration as it pertained to goods being imported for and on behalf of the charitable organization Feed My Sheep (FMS).
Grogg pleaded not guilty to that charge. On the five indictable complaints, he was not required to enter a plea as the matter is expected to be heard at the High Court before a Judge and jury. The charges state, on April 17, 2023, at Belfast, Grogg did have in his possession one Glock 19 serial number # BATY153 with laser sight attached, four Glock magazines, 45 live rounds of 9mm ammunition, which is chargeable with duty, which has not been paid, with the intent to defraud the Customs Department of its revenue.
It is further alleged on the same day, he had in his possession goods imported with duty-free concession granted to the non-profit organization “Feed My Sheep”, which is chargeable with duty, which has not been paid, with the intent to defraud the Customs department of its revenue, to wit $1,284.33 with a Customs value of $3,075.00.
On April 18, 2023, at Woodbridge Bay Port, Grogg is said to have had in his possession another quantity of goods imported with duty-free concessions granted to the non-profit organization “Feed My Sheep”, to wit $9,859.13 with a Customs value of $17,200.00 as declared on Customs declaration C 32672. Further charges were preferred against Grogg for allegedly possessing one Spartan sentinel generation 2 body armor vest, 17 Winchester 20-gauge ammunition, four rifle Magazines, 120 live rounds of .223 Remington ammunition, which is chargeable with duty, which has not been paid, with the intent to defraud the Custom Department of its revenue on April 18, 2023.
The final indictable complaint stated, on April 17, 2023, at Belfast, Grogg had in his possession one Toyota Dyna Truck which is chargeable with duty, which has not been paid, with the intent to defraud the Customs Department of its revenue, to wit $44,603.41 having a Customs value of $59,266.46. After the charges were read, Magistrate Williams informed the court that she had not reached a decision on the bail application and requested further submissions from the defense and the prosecution.
The bail application hearing was adjourned to May 12, 2023, whilst the application for consolidation of the charges was set for June 8, 2023. The presiding magistrate has since informed the court that she will conduct the trial of the summary matter but will set the indictable matters before another magistrate.
The accused man was further remanded into custody at the Dominica State Prison until his return to court on May 12, 2023.
I would be a hypocrite!! to say, that in the face of missing persons, which includes an innocent little girl, CLEAR violations against peoples human rights by the “enforcers” of the law, and the FACT that I have been told to my face that my rights can only be afforded to me by the depth of my pocket ,that I have not thought about owning a firearm. If only to serve as a deterrent to the low and viscous minded among us. It is clear that there is no consequence for the crimes of the high and mighty among us. This creates an uneven playing field that is bound to end in chaos. We seek remorse from the Grogs, but I dare to ask, aren’t there some among us who have been EQUALLY devoid of any remorse for their crimes against us and our children?? Isn’t “GROOMING” of minors on the law books to be enforced?? It is!! yet still we have a radio personality who has the unmitigated gall to still be on the radio like nothing happened. We are selective about the application of the law, Good luck…
UWP supporters are too damn wicked.There is a big sign on the church where the container was found which reads,Feed My Sheep Dominica,Youth and Crisis Center.This sign has been on the church for years.If Grogg was not a part of feed my sheep,why did the church authority allow him to leave the container on their property for more than a year?The police should carry out a thorough investigation.
He claimed to not have money and could barely pay the first fine but has hired 5 lawyers this time..where is this money coming from?? He thinks he can outsmart Dominican officials and get away with this..If he is given a slap on the hand then locals who are caught with a gun, less ammunition or havent defrauded the government should walk free. This case will set the bar on how others in similar cases will be dealt with..
I have decided to break my self-imposed silence on this matter.
Guns are the favourite choice of weapon for the misguided persons in our society. It has caused much havoc and pain in Dominica. For Mr. Grogg, who was welcomed to our shores with open arms, to illegally import these instruments of death into the country, he deserves no leniency. The judge should impose maximum sentence for this type of offence, nothing less.
Let the anticipated long sentence be a deterrent to ALL who are similarly inclined to violate the laws of the land. We have to get serious and try to drastically reduce the proliferation of guns and ammunition flowing into the country.
Agreed, forget fines and bail; Send him, his family and guns straight back to the US and apply a life long ban from ever entering Dominica again. The country don’t need visitors/residents like this. Zero tolerance should be applied.
The customs agents who were on duty that day should also be sacked as they have clearly shown they are too incompetent to carry out this important duty. This shows me how easily they can be bought to turn a blind eye.
The court magistrates need to deploy a methodical and legally logical approach. No dropping the ball and they should be looking to wrap this up cleanly with no loose ends. Can’t understand they the case cannot be tried by the original magistrate. Surely this add to the frustration of the managing case and opens the courts up to encountering errors and gaps.
Looks to me like the groggs refuse to show any remorse or humility. Can see it on their social media gab.com/jasonjenn. Maybe if they would be humble and apologetic instead of defiantly presenting themselves as martyrs they would fare better with the judges.