Court orders financial assessment for US national before sentencing

Magistrate Michael Laudat has stated he is not inclined to impose a custodial sentence against US national Jason James Grogg, 44, who has pleaded guilty to possession of several rounds of ammunition and a firearm. However, before imposing a fine, Laudat has ordered a financial assessment or means test to determine Grogg’s ability to pay for his crimes.

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. The previous day, Grogg had pleaded guilty to seven charges which included 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.

Additionally, 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 which he possessed.

On Monday the Director of Public Prosecution, Sherma Dalrymple withdrew the seven complaints against his wife and 18-year-old daughter following his guilty plea.

Facts

On Monday, April 17, 2023, based on reliable information received, Constable Leron Bruno who is attached to the Anti-Crime Task Force, applied for and obtained a search warrant to search a premise in Belfast, Mahaut, where the Groggs reside, for illegal firearms and ammunition.

Later that day at about 2:30 p.m., Sergeant Lindon Timothy, Constable Leron Bruno, other police officers from the Anti-Crime Task Force Unit, and the members of the Customs and Excise Division went on duty to execute the warrant. On arrival at Grogg’s house in Belfast, he was met at the entrance of his home. The officers identified themselves and informed him of the warrant they had in their possession and subsequently commenced their search.

While searching the bedroom which is occupied by Grogg, one Gray and black Glock 19 pistol serial number BATY153, fitted with a laser sight, with one loaded Glock 9mm magazine containing 15 rounds of 9mm ammunition along with one empty Glock 19 magazine was found. When questioned about the firearm and ammunition discovered Grogg responded, “It’s [mine], I was the one who purchased it in the States.”

Constable Bruno further asked Grogg whether he had any other personal belongings or property in Dominica, and he informed the officer that he was in possession of a 40-foot container that was on the compound of the Mahaut Gospel Tabernacle church for which he had the keys. At the conclusion of the search of his premises, Grogg along with the firearm and ammunition was transported to the Roseau Police Station. Along the way, he pointed out to the officers the container on the church compound.

The container was seized by Customs and Excise officials and transported to the Wood Bridge Bay Port at Fond Cole where it was secured. On arrival at Police Headquarters, Grogg was taken to the office of the Anti-Crime Task Force and later that night he was informed that he was arrested on suspicion of being in possession of firearms and ammunition without a valid
license.

The following day, April 18, 2023, the matter was handed over to Sergeant Timothy to continue investigations.

At about 10:30 a.m. that day, Sergeant Timothy, Constable Bruno, and other police officers went on duty at the Wood Bridge Bay Port at Fond Cole, where they conducted a joint operation with personnel from the Customs and Excise
Division. While on the port, the forty-foot container bearing serial # FXLU9112883 which Grogg identified as his was searched in the presence of him and his attorney Jilane Prevost.

During the search of the forty-foot container, 17 20-gauge Winchester ammunition was found, along with two camouflage magazine pouches, each containing Two (2) 5.56 magazines, with each magazine containing 30 rounds
of 5.56 ammunition totalling one hundred and twenty rounds (120).

When questioned about the discovery Grogg responded, “They are mine; they are not supposed to be here.” He further admitted that he was not the holder of a firearm importers license.

Having received certain information, later that same day, Sergeant Timothy applied for and obtained another search warrant to again search the premises in Belfast, Mahaut where Grogg resided. During the search of a bedroom which is occupied by one of Grogg’s children, two 9mm Glock magazines each containing 15 rounds of 9mm ammunition were found.

At the scene, he made no remarks about the finding but during a subsequent written interview in the presence of his lawyer, the defendant stated  “When I saw that I had brought the firearm and ammunition down in error, I removed them from the container, I put them in that suitcase, and I carried them to the house.”

He further revealed that he along with other friends and relatives packed the container. Although he admitted ownership of the firearms and ammunition Grogg however stated they were shipped to Dominica “accidentally.”

Consequently, the charge of possession of firearms and ammunition was preferred against Grogg.

Plea in mitigation

During a plea in mitigation, defense attorney Jilane Prevost who represents Grogg along with Julien Prevost told the court that their client was a Christian missionary, who migrated to Dominica temporarily for the sole purpose of
conducting philanthropic work.

She stated, prior to his arrival, Grogg was closely associated with the philanthropic charity organization and churches in Dominica.

The attorney said, upon taking residency in Mahaut, Grogg and his family have been warmly welcomed and respected as they have been known for their charitable works, including Bible school and vocational training in carpentry, which Grogg hosted and taught to young boys in that community.

She averred, before her client arrived in Dominica he was a member of the National Rifle Association in the USA, wherein he taught voluntary firearm safety training for about 15 years.

“He is well versed on the safe use of various firearms, and this is the reason why he was the handler of various types of firearms and ammunition,” she told the court.

“He did not require a license for those firearms in Indiana, USA. Mr. Grogg sold all his firearms, including over 30 rifles to help finances [for] migration to Dominica. He had no intention to travel or import into Dominica any of the firearm and ammunition,” adding that he was unaware that the offensive items were in his container.

She urged the court to grant the mandatory one-third discount for his guilty plea and to temper justice with mercy for Grogg for his full cooperation with the police, his lack of a criminal record prior to his arrest, his good character, and his family’s dependency on him as the sole financial provider.

In conclusion of her plea in mitigation, Prevost averred, given the circumstances, the court should impose a noncustodial sentence but a “reasonable fine” against Grogg.

Magistrate’s decision

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 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.

“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 further voiced concerns over the escalation of firearm-related offenses in Dominica which according to him has brought an outcry from the general public.

“It is not in the public’s interest and the interests of justice for this court to adhere to the sentencing guidelines. To do so would be a “mockery” of the administration of justice and remove the confidence of the public in the judicial system.”

Laudat continued, “A message must be sent out loud and clear that illegal possession of firearms and ammunitions will not be tolerated or welcomed in Dominica due to its visible impact.”

He averred that the sentencing guideline does not take away the discretion that the Magistrate has to impose a sentence which will increase the public’s confidence in the administration of justice as there is a need for the court to
promote public confidence.

Recognizing that Grogg is a first-time offender, assisted with the investigation, and pleaded guilty at the first opportunity, Laudat said he is not inclined to impose a custodial sentence. When questioned on his ability to pay a forthwith fine, Grogg was unable to provide the court with a satisfactory response.

Despite his attorney’s attempts to sway the court in imposing a fine with time to pay, Magistrate Laudat said that the court will not grant this request to a nonnational. Pursuant to section 104 of the Magistrate’s Code of Procedure, Grogg was remanded into custody at the Dominica State Prison pending his submission of his financial records to the court The matter was adjourned to May 5, 2023, unless his attorney can “move the court” before this date.

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.  Her attorneys did not make a bail application and she too was remanded into custody at the prison.