PROVIDENCE — The cases against seven Narragansett Indians arrested during a state police raid on a tribal smoke shop are in the hands of a Superior Court jury.

Seven women and five men deliberated about four hours yesterday afternoon after receiving more than an hour of instructions from Judge Susan E. McGuirl.

“You are to make this decision based on the evidence and the facts,” McGuirl said. Race, sympathy, prejudice or compassion do not play any role, she said.

In all, jurors will weigh 17 misdemeanor counts against seven tribal members, including the tribe’s leader, Chief Sachem Matthew Thomas.

The Narragansetts began selling tax-free cigarettes from a shop on tribal land in Charlestown in July 2003, over Governor Carcieri’s objections. Dozens of state police executed a search warrant on the roadside store two days later to stop the tribe from selling tobacco without charging Rhode Island taxes. The action turned into a confrontation, captured by TV news crews and photographers.

All but one of the tribal members face a combination of charges that include resisting arrest, disorderly conduct, simple assault and obstruction of a police officer.

McGuirl instructed the jury that it is illegal to resist a lawful or unlawful arrest in Rhode Island. However, she said, an arrestee has the right to use reasonable force to resist an arrest in which an officer is using excessive force.

An individual can’t claim he or she is defending another arrestee unless the person being assisted had the right to use reasonable force against an officer, she said.

In addition to Thomas, tribal Councilmen John Brown and Hiawatha Brown, First Councilman Randy Noka, tribal conservation officer Thawn Harris and Adam Jennings are charged with resisting arrest.

All but Harris are charged with disorderly conduct for allegedly engaging in violent and fighting behavior against various troopers. Thomas is accused of assaulting a trooper by grabbing him from behind. Police say Hiawatha Brown assaulted an officer by slamming her arm in the shop door, and Bella Noka is charged with assaulting an officer by striking, kicking and spitting on him. Bella Noka also faces one count of obstructing an officer trying to place her husband, Randy, under arrest, by jumping on his back.

The jury will have access to raw news footage, surveillance video from the shop, state police video of the raid, and photos, among other evidence presented during the trial.

McGuirl reminded jurors that not everything that occurred that day was caught on film and that they must draw on their own experience to assess a witness’ credibility.

State police, McGuirl said, by law had the right to enter and enforce Rhode Island laws on tribal land. The search and seizure warrant was legally authorized by a state court judge and the police had no obligation to read the warrant during the raid.

She told jurors it is not relevant whether they agree or disagree with the way in which state police executed the warrant. “It is your responsibility only to consider the charges.”

Fifteen jurors heard from 25 witnesses over 16 days of testimony and watched hours of video from the 2003 raid. The names of 12 of those jurors were drawn yesterday to decide the case. The three others were selected as alternates and will not participate in the deliberations unless one of the sitting jurors is forced to withdraw.

Defense lawyer William P. Devereaux said yesterday that he asked during a sidebar discussion that all 15 jurors decide the case, to ensure minority representation on the panel.

“They have a constitutional right to a jury of their peers,” he said.

While McGuirl said she’d accept that, Special Assistant Attorney Generals Pamela Chin and Maria Deaton objected, he said.

One of the three alternates who was not seated is a minority male. Another, Devereaux said, has Native American heritage. A single minority woman remains on the jury.

McGuirl said yesterday that she was bound by court rules that say a jury must be limited to 12 unless the parties agree otherwise. She declined to comment on Devereaux’s characterization of the discussion, which took place outside the jury’s earshot.

Chin and Deaton declined comment because jury deliberations are under way.

Michael J. Healey, spokesman for the attorney general, said it was “out of line” for defense lawyers to be discussing sidebar conversations with the media.

“Our position is we’re not going to jeopardize seventeen days of testimony by commenting on this,” he said.

Deliberations were to resume this morning.

kmulvane@projo.com