Left- Egbert Haywood and Lawyer Saul Froomkin.
(Photo by Akil Simmons)
December 8,2011
A US missionary has been given an absolute discharge in connection with gun and ammunition charges.Egbert Haywood, 72, from North Carolina, was found with a .32 calibre pistol, four rounds of ammunition and an offensive weapon, an extendable baton, at the LF Wade International Airport on November 22.
He was attempting to leave the Island on a flight to Canada, but instead was arrested and held in custody 13 days after the loaded firearm was discovered in a mesh bag inside his checked luggage.
While he was granted $100,000 bail on December 2, the court heard he was unable arrange bail and remained in custody.
Mr Haywood was in Bermuda for a day, and tests demonstrated that the weapon had not been used in any crimes on the Island.
In a preliminary hearing held on Thursday, lawyer Saul Froomkin, representing Mr Haywood, told the court that his client was an ex-US Marine and missionary with the Southern Baptist Church en route to his Christian mission in Chile.
Mr Froomkin also explained that Mr Heywood had previously performed missionary work in “a not very safe area of the US.”
During the hearing the court also heard that Mr Heywood was an investor in fold, and his luggage contained 140 gold coins valued at around $250,000, representing a portion of his life savings.
After hearing the evidence in the case, Senior Magistrate Archibald Warner discharged both the gun and ammunition charges and adjourned the remaining matter of the baton, indicating that it made little sense for that charge to be heard in Supreme Court.
Appearing in Magistrates' Court on Friday, Mr Haywood pleaded guilty to possessing the baton.
While Crown counsel Nicole Smith suggested either a conditional or absolute discharge, Mr Froomkin argued that any conditions would be pointless as Mr Haywood was leaving the jurisdiction.
Mr Warner imposed an absolute discharge, telling Mr Haywood: “I'm sure from this experience you should be more careful how you travel or what you travel with.”
The Magistrate said that Mr Haywood's travel documents would be returned as soon as possible, but the weapons would remain in the hands of Bermuda Police.
“He is not going to get them back,” Mr Warner said. “If we gave it back to him, he would be in possession of it again.”
The incident is not the first in which a visitor has said they accidentally brought firearms or ammunition to the Island.
In June, two tourists were released without charge after 40 rounds of 9mm ammunition were found by security at the Dockyard cruise ship terminal.
In 2009, 67-year-old Lucy Stackler was charged after eleven rounds of ammunition were discovered in her carry-on. However, those charges were later dismissed.
61-year-old real estate agent Lori DuBell, from Naples, Florida, was granted an absolute discharge on appeal after serving ten days imprisonment for importing a 9mm magazine on a JetBlue flight from Boston.
After noticing the magazine, she removed nine live rounds and dumped them in the bathroom trash bin on the plane.
http://www.royalgazette.com
SUNDAY, DEC. 11: A US missionary has spoken of his relief at his release after being arrested for possession of a handgun at Bermuda’s airport.
Former US Marine and military policeman Bert Haywood was given an absolute discharge in court after spending nearly two weeks in Westgate Prison.
Mr Haywood, 72, said after Magistrate Archibald Warner dealt with the case on Friday: “It’s an enormous relief and I’m very grateful.”
Mr Haywood, an attorney from Durham, North Carolina, was charged after he was found to have a handgun, four rounds of ammunition and an ASP-style extendable baton at the LF Wade International Airport on November 22.
Mr Haywood, who was on a one-day stopover in Bermuda on business, was arrested after trying to board a flight to Canada.
His wife Joanne Duncan flew to Bermuda after he was arrested and was in court for all of Mr Haywood’s appearances, where he was represented by veteran QC Saul Froomkin.
He explained he is active in church affairs in his hometown – and many religious groups now have armed guards as a result of a string of gun attacks on churches.
Mr Heywood said: “I have a permit to carry a concealed weapon back home, I had to come to Bermuda on business and had a church thing the week before. I just forgot to take the gun out of my bag. We’ve had some incidents in churches back home, so I carry a gun. That’s not unusual where I come from.”
He added: “I didn’t know what the laws were here – I would not have purposely broken the law in Bermuda. It’s just one of those situations which happened.
“It certainly won’t happen again and I’ll be more careful in future.”
Ms Duncan said on Saturday: “We are so happy and thankful to God for Bert's deliverance. Mr. Froomkin did a fine job as a lawyer and the Magistrate had good judgment on this case.“
The guns, baton and bullets were confiscated by the court.
Mr Heywood, who has now returned to his home in Durham, North Carolina, was held in custody until he was released on $100,000 bail on December 2.
He said: “Westgate is a well-run facility and I was treated well. I even managed to do some missionary work in there – but I was glad to get out and glad to be going home.”
Mr Haywood, who specializes in missions to hospitals, was delayed en route to Chile where he plans to work in the health care system there.
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