3 convicted in smoke-shop scuffle

PROVIDENCE – The chief sachem and two other members of the Narragansett Indian Tribe were convicted of misdemeanors in the smoke-shop raid case today, according to the Associated Press.
The jury deliberated four days before convicting Chief Sachem Matthew Thomas of assault, Randy Noka of disorderly conduct and Hiawatha Brown of both disorderly conduct and assault. Each charge carries a maximum penalty of one year in prison. But lawyers told the AP they did not think it likely that any of the defendants will face jail time.
The other four defendants, facing charges from disorderly conduct to obstructing a police officer, were cleared today of all charges.
The charges stemmed from the defendants’ alleged roles in scuffles that broke out on July 13, 2003, when the R.I. State Police shut down the smoke shop. The incidents spurred claims by the tribe that the raid had been politically motivated and the officers had used excessive force, while state officials claimed that the tribe had attacked the state troopers.
About 50 officers took part in the raid, including riot-control forces and members of a special weapons squad.
The Narragansetts – who had opened the shop two days earlier, on tribal land in Charlestown – had been selling cigarettes there without charging the state sales tax.
That action was illegal, R.I. Attorney Patrick J. Lynch and other officials contend. The state’s view, citing a 1978 agreement between Rhode Island and the Narragansett Indian Tribe, was upheld by the U.S. First Circuit Court of Appeals in Boston.
The tribe has called the raid a violation of its sovereignty, although on Nov. 27, 2006, the U.S. Supreme Court declined to hear its appeal. Tribal Council member John Brown told Providence Business News at the time that the Narragansetts would not give up. “It’s not over,” he said. “One decision of the Supreme Court is neither going to make us rise nor fall.” (READ MORE)
“It’s just unfortunate that this whole thing ever happened in the first place,” defense lawyer William Deveraux, who represented six of the seven defendants, told the AP. The tribe did not immediately respond to PBN requests for comment.
Gov. Donald L. Carcieri “respects the jury’s verdict in this case,” spokesman Jeff Neal said in a statement this afternoon.
“While the governor had no role in the prosecution or trial, he is satisfied that the rule of law has been affirmed,” Neal said. “He also wants to reiterate once again his support for the state police and the great job they do for the people of Rhode Island.
“With the conclusion of this trial,” he added, “Governor Carcieri hopes that the Narragansett Indian Tribe and the State of Rhode Island can put the smoke-shop incident behind us and move forward into a more cooperative future.”
In a PBN Executive Poll conducted the month of the raid, 27 percent of respondents expected the state and tribe to reach a compromise, while 73 percent predicted “lengthy court proceedings.” (READ MORE)