PROVIDENCE, R.I. — In a case that pits Rhode Island against its only federally recognized Indian tribe, the chief of the Narragansett and two other members were convicted Friday of misdemeanor charges related to a 2003 raid on a tribal smoke shop.
Four other tribal members were cleared after a monthlong trial.
Chief Sachem Matthew Thomas was convicted of simple assault, Randy Noka was convicted of disorderly conduct and Hiawatha Brown was convicted of disorderly conduct and simple assault.
Gasps sounded in the packed courtroom as the jury forewoman announced the guilty findings, but the defendants stood silently. Thomas, Brown and Noka all were acquitted of resisting arrest, and Thomas was acquitted of disorderly conduct.
The assault charge carries a maximum one-year prison sentence, while the other charges have shorter maximum penalties. Lawyers say it is highly unlikely any of the men will face jail time.
The 2,400-member tribe was not collecting state taxes on cigarettes at the shop on its land in Charlestown. It opened the shop in July 2003 as a challenge to state authority over tribal land after lawmakers ignored the economically depressed tribe’s proposal to build a casino.
A 1978 treaty subjects tribal land to state law, including tax provisions and a ban on casinos.
On July 14, 2003, two days after the shop opened, state troopers arrived with a warrant to shut the shop down. State police assembled about 50 officers for the raid and violence broke out as state officers ran into the shop’s parking lot. Police ignored demands from tribal police and Narragansett leaders to stop and show their search warrant.
The state alleged that tribal members attacked police, while tribal members said police used excessive force.
Immediately after the confrontation, Gov. Don Carcieri blamed state police for not following his orders to withdraw if they met resistance. The former state police superintendent testified before the trial that he never received those orders.
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