State troopers who were working undercover inside the Narragansett tribe's smoke shop before the raid testify before the defense rests its case.

11:11 AM EST on Friday, March 25, 2005

BY KATIE MULVANEY
Journal Staff Writer

PROVIDENCE -- State police detectives Ken Bell and Staci Shepherd were working undercover inside the Narragansett Indian smoke shop July 14, 2003. They wore jeans and T-shirts, and carried guns. They asked workers about cigarette brands and when the next shipment would come in.

"Basically, we were waiting for the arrival of the troopers," Bell told a 10-member jury yesterday in U.S. District Court.

Bell, Shepherd, and two other state police testified in the fourth day of a civil trial into whether they used excessive force when they raided the smoke shop that steamy July afternoon. The defense rested with that testimony, leaving the jury to begin deliberations Monday.

According to Bell, he watched tribal police line up about five feet outside the smoke shop as the troopers approached. "Here they come," he said someone shouted.

Seconds later, Cpl. Donald Francis Devine Jr., also undercover, announced "State police. I have a search warrant" inside the shop, Bell said. Bell's recollections rebutted testimony of plaintiffs Paulla Dove Jennings, her son Adam, and Keith Huertas, who have insisted they were not shown badges or a warrant. They claim they thought the smoke shop was being robbed.

Bell echoed testimony heard Wednesday that Paulla Dove Jennings responded "Not in here you don't" and tried to shove Devine out the door. The undercover officers showed their badges and identified themselves, all four troopers testified.

"It was pretty obvious they were caught by surprise," said Bell, a 13-year veteran. The officers worked to calm and control the workers inside the shop, not knowing if they were armed, he said.

Adam Jennings would not be quieted, all four testified. Jennings swore at officers, shouted concerns about the treatment of his mother, and acted threatening, warning them they had no rights on tribal land, they said.

"He was upset. He was angry," Bell said. "I was worried about his actions." At one point, Jennings said, "You caught us off guard this time, but wait until next time; we'll be ready," according to Bell.

Bell grew fed up, telling him "that's it, you're out of here," he said. Under cross-examination by Michael Bradley, Bell said he never told Jennings he was being placed under arrest.

Officers moved in to handcuff Jennings, who resisted by kicking and twisting, Bell said. Jennings, 36, was charged with disorderly conduct and resisting arrest.

The officers took Jennings to the ground, with Trooper Kenneth Buoniauto responsible for controlling his right arm. Buoniauto said he could see Trooper Kenneth Jones gripping Jennings' right leg in a compliance hold, exposing an incision on that ankle.

Jones loosened the hold after Jennings cried out that he had surgery on the ankle, Buoniauto said. Jones testified Monday that he maintained constant pressure.

Dr. Stephen Gross, appearing for the plaintiffs Wednesday, said he treated Jennings the day after the raid for a fractured ankle that was not related to his previous ankle injury.

Jennings has accused Jones of using excessive force in twisting his ankle until it broke. He and Huertas shook their heads, occasionally scoffing out loud, throughout yesterday's testimony.

Under questioning by Special Assistant Attorney General Amy Coleman, Shepherd told the jury that she moved Paulla Dove Jennings, then 63, away from the door out of concern for her safety. Shepherd, on the force since 1994, insisted she "never laid a hand on her" but that she and Bell had "pushed back" in a manner commensurate with the resistance they faced.

All four officers denied seeing Bell wrestle with Huertas, as had been claimed, or Shepherd push Paulla Dove Jennings against the wall.

Chief U.S. District Judge Ernest C. Torres on Wednesday dismissed the civil-rights claims against the seven state troopers named in the suit. He let stand excessive force, false imprisonment and assault and battery complaints against Bell, Shepherd, Jones and Buoniauto. Lt. James Demers, who testified yesterday, and and Cpl. Wilfred Hill are also defendants in the case.

The judge dropped Cpl. Michelle Kershaw from the suit Wednesday.

In resting the state's case yesterday, Assistant Attorney General Rebecca Partington asked for a summary judgment, arguing the officers' actions were were legally justified.

State troopers raided the Narragansett smoke shop in Charlestown to stop what the state claimed was the illegal sale of tax-free cigarettes. The tribe argues in a separate case pending in the 1st U.S. Circuit Court of Appeals that it is outside the state's taxing authority.