July 14, 2003 was not a normal day for the members of the Narragansett Indian Tribe, the only federally recognized Native American tribe in Rhode Island. On that day, state police troopers issued a search warrant on a smoke shop operating out of a trailer on the tribe's Charlestown reservation. The tribe was not charging the state's cigarette tax, prompting the police to seek sales records. When some tribal members, including Chief Sachem Matthew Thomas, retaliated, a scuffle broke out, resulting in the arrest of eight members of the tribe.
"Adding to the emotions of this case was the ugliness of that day. It was all captured on ... cameras with the images played over and over," said Michael Healey a spokesman for Attorney General Patrick Lynch.
After much deliberation, and controversy surrounding the conduct of both the troopers and tribal members during the raid, a Rhode Island Superior Court jury reached a verdict on the 16 proposed misdemeanor counts on April 4. Thomas was found guilty of assault, Tribal Councilman Hiawatha Brown was found guilty of assault as well as disorderly conduct, and Councilman Randy Noka was found guilty of disorderly conduct, according to an April 5 Providence Journal article.
The maximum sentence for a normal assault charge is either a one-year prison term, a $1,000 fine or both, according to the article.
"Our store had only been open for two-and-a-half days. Everyone was surprised by the raid. We were always able to resolve any problems that may have come up in the past," Thomas said. "We thought it was unnecessary for the state police to come in like march of the wooden soldiers."
Controversy has long surrounded the raid itself, reflecting nationwide confusion as to how states handle Native American tax-free tribal businesses. The Supreme Court and state courts have ruled that states are able to collect taxes on cigarette sales to "non-Indians, and to members of other tribes," according to a Dec. 30, 2003 New York Times article.
For Thomas, the raid was just another example of hardships faced by Native Americans at the hands of the government.
"The state has never really been forthright with us and honest, we do what we feel we have a right to do; I guess we aren't always used to trust," Thomas said.
The tribe plans to appeal. Thomas said that because roughly 70 percent of the state's charges were dropped, a positive outcome from the appeal is not unrealistic.
On May 5, there will be a motion for a new trial. "Although the trial is over, the case isn't over. ... This will be a standard, post-trial motion - it's a chance for both sides to argue for new verdicts," Healey said. "If the judge denies the motion for a new trial, then the court will determine what the right sentencing is on that day."
"We have been getting a lot of support as well as e-mails from those who don't support us. Maybe this has all had a positive effect, maybe this has gotten people to be curious about our tribe," Thomas said. Some of the attention may also have resulted from the media's focus on the trial. "People read papers, and the paper prints what the paper prints, sometimes there are misrepresentations," he added.
Both sides faced criticism during the trial. "One of the criticisms made against us consistently is that we were trying to make an example of (the Narragansetts). We reject that idea," Healey said.
"True justice isn't about winning cases and getting maximum sentences. It is about the process of presenting the case to the jury and letting the jury make its mind up," he added.
The month-long trial was a particularly emotional one, Healey said. "Every case is emotional, but what differentiates the smoke shop case is that it involved truly visceral reactions over a long period of time."
Though a difficult time for Thomas and the Narragansetts, the tribe will remain unified, Thomas said. "I will do whatever is necessary for my tribe. The ultimate goal of the power structure is to get you to give up spirit and assimilate you. I have to stand up and be strong and represent my tribe."
