Retired US Law Enforcement Officer Fined $2,500 For Possession Of 9 Millimetre Ammunition While Departing Cayman Airport

By Alric Lindsay

Michael Daly, a retired United States law enforcement officer and consultant for Homeland Security, appeared in the Summary Court today, January 14, 2025, to face a charge of possession of a single round of 9-millimetre ammunition. He was fined $2,500 or 20 weeks in prison in default of payment.

Background

According to the prosecution, Daly was leaving the Cayman Islands for the United States on January 11, 2025, when Customs & Border Control officers stopped him.

Reportedly, upon an x-ray of his bag and searching it, CBC officers found a single nine-millimetre bullet round. It was located in the bottom corner of the bag.

After Daly was arrested and cautioned and asked to explain the presence of the bullet, he reportedly said that he is a retired New York detective and formerly carried a firearm back in the United States.

Reportedly, he was asked by his wife to accompany her on short notice to the Cayman Islands and accidentally left the bullet in his bag.

Sentencing

Explaining the presence of the bullet, defence counsel Oliver Grimwood said that Daly previously used the bag to go to the shooting range. It was not a bag that he regularly used to travel.

Grimwood added that he packed the bag hurriedly to join his wife on a work trip to the Cayman Islands. In the circumstances, it was an oversight.

Grimwood asked the Summary Court not to record a conviction against Daly, given the nature of his work after being retired.

Grimwood explained:

He is a retired police officer, retired only on medical grounds.

Towards the end of his career though he whilst working as a New York police officer he was seconded with Homeland Security doing trafficking cases, working with some terrorism work, but also much of it is undercover work as well. He has a high degree of expert knowledge in that area. The reason I mention it is even though he’s formally retired as a police officer, he still is asked to consult on matters for Homeland Security.

He added:

What follows from that of course is that he has security clearance to be able to look at files and to advise upon. You may see where this is going. The concern that we have is that a conviction being recorded for an oversight would mean that the employment that he still undertakes from time to time, if given consultancy work for Homeland Security would then not be available to him.

So whilst he’s retired on medical grounds, he still does do some work. But of course, it being paper exercise, being consultancy work, a conviction, as this court would appreciate, would cause him difficulties with that work.

He continued:

It would cause him difficulties with, of course, firearm licences being renewed.

I’m sure, as this court will readily accept, he is otherwise a law abiding citizen, a man who’s dedicated life to upholding law. So he was as shocked and embarrassed as anyone else to be stopped in an airport, considering his last employment.

After hearing from the prosecution and defence counsel, the Chief Magistrate said:

The court has a duty to ensure that it considers these matters case by case. It doesn’t apply to everyone. The approach must be dealt with individually.

And as the personal circumstances and mitigation also reflect on the matter, I accept it was an oversight.

It has been confirmed by CBC and the Crown that it was only picked up because of the X ray machine. It was in the corner of the back where you wouldn’t have seen it.

The Chief Magistrate added:

I find that there are personal mitigating circumstances that any harm or culpability is extremely low. And in all the circumstances it’s an absolute discharge with no conviction recorded. However, you will pay cost to the crown of $2,500 for 20 weeks in the fault.

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