Defense lawyers Kevin Bristow, left, and William Devereaux speak with the media outside Superior Court after the verdict is announced.

The Providence Journal / Ruben W. Perez

PROVIDENCE — A Superior Court jury found Chief Sachem Matthew Thomas and two other tribal members guilty of misdemeanor charges while clearing four others in an emotional case that pitted the state against its only federally recognized Indian tribe.

The jury of seven women and five men deliberated about 20 hours across four days before reaching a mixed verdict yesterday on 16 misdemeanor counts stemming from the 2003 state police raid on a tax-free smoke shop.

Although the jury found Thomas guilty of assaulting Sgt. Ernest C. Quarry by grabbing him from behind on the smoke-shop landing, they acquitted him of disorderly conduct and resisting arrest.

In addition, the jury convicted Tribal Councilman Hiawatha Brown of assaulting Trooper Ann Assumpico by slamming her arm in the shop door, and also of disorderly conduct. He was acquitted of resisting arrest. First Councilman Randy Noka was found guilty of disorderly conduct, while being cleared of resisting arrest.

Though found innocent of 12 counts, the Narragansetts remained bitter about the verdict and the six-week trial itself.

“I think everyone should have been acquitted,” said Councilman John Brown, the tribe’s medicine-man-in-training who was found not guilty of disorderly conduct and resisting arrest.

Bella Noka took a particularly dark view, though cleared of assaulting a trooper, disorderly conduct and obstructing an officer trying to place her husband, Randy, under arrest. “They took our land, another life and now they want more,” she said while leaving the courtroom. She repeated — as heard during trial testimony — that she was pregnant at the raid. She lost her baby afterward due to hemorrhaging, she said.

Tribal conservation officer Thawn Harris was found innocent of resisting arrest; Judge Susan E. McGuirl dismissed an assault charge against him last month. Adam Jennings, whose ankle was broken during the raid, was found not guilty of resisting arrest and disorderly conduct.

After the verdicts were read, Col. Brendan P. Doherty, the state police superintendent, said, “We were pleased with the decision. I commend the jury.”

But what about the 12 not-guilty verdicts? “It was in the hands of the jury, and we respect the jury’s decision,” Doherty said. “It was a very difficult case. The jury had to examine hours of video footage. It’s not always an easy thing. People are not always going to see the whole picture.”

Doherty said state troopers showed great restraint in a difficult situation. “They were there legally in performance of their duty,” he said. “These troopers were assaulted. And it’s important people be held accountable. We were doing our job.”

Thomas left the courthouse, saying, “It is what it is. Wait until the 28th.” The judge will hear motions for a new trial on April 28.

Was he pleased or disappointed? “This is Rhode Island,” Thomas replied. “It’s just another day for me.”

Attorney General Patrick C. Lynch issued a statement saying, “These were cases that needed to be tried, and we accept the jury’s verdict.”

In responding to questions from reporters, Lynch said, “When all parties go away frustrated, it’s an indication the jury struggled but did their job.” He said, “There were probably people walking away from the courthouse frustrated from both sides, but that’s part of the beauty of our justice system.”

Lynch said the violence of the confrontation was reflected in a televised image of state police Sgt. Ernest C. Quarry being “choked” by Hiawatha Brown and Thomas grabbing him from behind. He emphasized that Quarry did not reach for his gun or pepper spray, saying, “I don’t know how an officer shows more restraint than that.”

Asked about the search warrant, Lynch said he wished the governor would have allowed the state police to execute it sooner, when there were fewer people at the smoke shop.

The maximum sentence for simple assault is one year in prison, a $1,000 fine or both; the maximum sentence for disorderly conduct is six months in prison. But if a defendant has no prior record, the standard sentence for such misdemeanor charges would be filing the charge for a year and then quashing it if the person remains out of trouble, said Michael J. Healey, the attorney general’s spokesman.

Governor Carcieri expressed his support for the state police through his spokesman, Jeff Neal.

“While the Governor had no role in the prosecution or trial, he is satisfied that the rule of law has been affirmed,” Neal said.

“With the conclusion of this trial, 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,” Neal concluded.

At Governor Carcieri’s order under Lynch’s advice, state police executed a search and seizure warrant around lunchtime July 14, 2003, to stop the tribe from selling tax-free cigarettes on tribal land in Charlestown. The raid turned violent as TV cameras rolled. Seven adult Narragansetts were arrested.

The criminal cases were on hold for more than three years until federal courts ruled the state can enforce its laws on tribal land under a 1978 agreement that gave the Narragansetts their 1,800 acres.

Extraordinary attempts were made to resolve the cases short of trial. In addition to Judge McGuirl’s efforts to reach a plea deal, the state Supreme Court took the unprecedented step of trying to mediate the matter.

The state’s high court also made a critical ruling that spared Carcieri from taking the stand, overruling a decision by McGuirl. Defense lawyers had wanted to question the governor about his orders that day.

Past and present state police commanders were on the defense witness list, but ultimately weren’t called to testify leaving unanswered questions about how the raid was planned and executed.

Jurors heard from 25 witnesses over 16 days and watched hours of video footage that filled the courtroom with screams from the dramatic scene. Special Assistant Attorneys General Pamela Chin and Maria Deaton called 12 state troopers to the stand. Four of the defendants testified on their behalf along with a former tribal police chief, a customer buying cigarettes the day of the raid and a former Associated Press photographer.

Kevin J. Bristow represented Harris. William P. Devereaux and Gary Pelletier represented the other six tribal members.

The process took its toll on jurors, who appeared haggard on Wednesday after apparently reaching deadlock. McGuirl urged them to listen to each other and keep open minds. One juror cried as she was individually polled about the guilty verdicts, saying “I’m sorry” as she wiped away tears.

When reached last night, John A. Cassidy III, a former Marine who works in home improvement, said he knew nothing about the raid before the trial and was shocked by what he saw as a juror. “I was appalled by what happened,” said Cassidy, 61. “It was an awful, awful attack.” He said he didn’t believe the testimony of most state troopers and plans to write U.S. Sen. Jack Reed and U.S. Rep. Patrick J. Kennedy with other jurors to ask them to investigate why the attorney general didn’t charge any of the state police.

They cleared the Narragansetts of the resisting arrest charges because of “the violence of police officers,” he said. “It was absolutely deplorable.”

Ann Marie Zodda, 51, a school administrator, said the jurors came from widely varying mindsets to start, but that they all made concessions in dissecting each count. “There was a lot of emotion. It was a horrible situation that maybe never should have …,” she said, before trailing off.

kmulvane@projo.com