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The Narragansett Indian smoke shop

Officer describes pre-raid briefing

01:00 AM EDT on Thursday, March 13, 2008

By Katie Mulvaney

Journal Staff Writer

PROVIDENCE — Sgt. Wilfred K. Hill’s assignment during the state police execution of a search-and-seizure warrant on a Narragansett Indian smoke shop in July 2003 was to make sure the exit door remained open because undercover detectives were inside.

Arriving in the lead car of a state police procession, Hill said he saw tribal police officers “mustering up” as they approached. State troopers were told they had no right to be on tribal land.

Hill’s description of the events came yesterday during the ninth day of testimony in Superior Court in the trial of seven Narragansetts arrested as state police executed a warrant to stop the tribe from selling tax-free cigarettes.

Concern was expressed at a briefing before the raid about tribal officers being armed, Hill said, but the state police were told not to take out their batons as they came onto the tribal land in Charlestown.

Dozens of officers waited at the American Legion hall north of the shop for word the undercover detectives purchased tax-free cigarettes. There was discussion about waiting for a delivery, he said. Other state police have testified the raid was timed around 1:30 p.m. to make sure the tribe was selling cigarettes and was not based on a potential delivery.

Upon making his way to the shop past officers and tribal members trying to block his way, Hill said he had a brief back-and-forth confrontation with a tribal officer on the exit door landing before that officer stepped aside.

Inside the shop, he said, he found Adam Jennings, one of those facing misdemeanor charges, shouting “Why are you here? You don’t belong here … on tribal land.”

Jennings yelled “I’m not getting arrested” as he was told to leave and took a defensive stance, he said. Hill and a handful of other troopers converged to make the arrest. Hill took his right arm as Trooper Kenneth Jones grabbed his legs, bringing him to the shop floor while telling him to stop resisting. He continued clutching his hands under his stomach.

Once he secured Jennings’ arm, Hill said he gave it to Trooper Kenneth Buoniauto, whose task was to handcuff arrestees using plastic “flex cuffs.”

Shortly after, he heard Jennings, whose ankle was broken that day, twice yell: “Ow, my ankle.”

Defense lawyer William P. Devereaux contrasted Hill’s testimony yesterday with video and sworn statements he made two years earlier in a civil trial stemming from the raid. Jennings, his mother, and another shop worker filed suit accusing him and other officers of violating their civil rights by using excessive force.

A judge dismissed the complaints against Hill, but a jury found that Jones used excessive force and awarded Jennings $301,000. The state appealed the jury’s decision. A motion for a new trial and reduction of the award is pending in federal court.

In earlier testimony, Hill said he entered the shop as Detective Kenneth Bell said “you’re out of here” to Jennings — which occurred after Jennings’ comments about tribal land. Hill said Jennings stood when told to leave, but video showed him walking toward the door.

Under questioning by Devereaux, Hill agreed Jennings looked surprised as he yelled “I’m not getting arrested.” He recalled Jennings asking why he was being cuffed; no one answered him, he said.

In the earlier trial, Hill said officers surged forward because they could see people trying to shut the shop doors. Devereaux showed news clips of the doors open as Hill and others approached.

Under defense questioning about whether he was aware a bus was on standby for transporting arrestees, Hill said he was under the impression “we weren’t going to observe any force.” They were not expecting resistance, he said, and were not told to withdraw if they encountered any.

Lt. Joseph F. Philbin described a similar scene as he arrived with Detective Kevin Barry and his police dog Bandit. He pushed John Brown, a tribal councilman, after Brown pushed him and then became engaged in a shoving match with Randy Noka, first councilman, as they tried to block their progress, he said. Brown and Noka both face charges.

He then saw Trooper Ann Assumpico being pushed by tribal conservation officer Thawn Harris, who he said swung at her back, knocking her hat off as she ran by.

Philbin, one of the largest officers at the scene, began struggling with Harris, taking him to the ground and applying force because he was resisting, he said. He had his knee of his back to keep him down.

“He’s a resistant police officer and he does have a firearm. That does make him dangerous,” Philbin said.

Only glimpses of Harris’ and Assumpico’s interactions could be seen in video clips.

In response to questioning by Harris’ lawyer Kevin Bristow, Philbin said he told prosecutors Pamela Chin and Maria Deaton Harris did not assault him. Harris is charged with resisting arrest and assaulting Philbin.

Judge Susan E. McGuirl last month rejected the state’s request to change the Harris’ alleged victim from Philbin to Assumpico. Philbin’s testimony continues today.

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