Thawn Harris, a defendant in the Narragansett smoke shop trial, looks at video of the state police raid, shown during yesterday’s testimony.

The Providence Journal / Bob Thayer

PROVIDENCE — One of the most pervasive images from the 2003 state police raid on a Narragansett Indian smoke shop took center stage yesterday in Superior Court: that of Tribal Councilman Hiawatha Brown gripping a state trooper’s throat.

Jurors heard from the officer involved — Sgt. Ernest C. Quarry — during the eighth day of testimony in the trial of seven Narragansetts accused of resisting and struggling with the police as they executed a search-and-seizure warrant to stop the tribe from selling tax-free cigarettes.

Quarry was part of a riot-control team assigned on July 14, 2003, to secure the shop and form a perimeter around it to allow officers to seize the cigarettes. His wife, Staci Shepherd, was one of five undercover detectives inside the store.

Lt. Robert MacKisey led the team as it undertook its first assignment since being formed after the 9/11 attacks, he said. Then-Capt. Leo Messier gave orders as they congregated at the Charlestown Police Department before heading to tribal land just up the road.

They were met by TV cameras as they approached, he said, and soon he was in a face-to-face confrontation with First Councilman Randy Noka that turned into a pushing match. He didn’t know who touched who first.

“I said ‘Randy, what are you doing?’ ” Quarry said under questioning by Special Assistant Attorney General Maria Deaton, and Noka told him to get off the property. He didn’t arrest Noka because he was intent on getting to the shop, where he saw Brown pushing the door into Trooper Ann Assumpico’s arm, he said.

He was struggling with Brown when Chief Sachem Matthew Thomas engulfed him “in a bear hug-type hold” from behind. As Thomas grabbed him, Brown pushed him away by the throat. His greatest fear at that moment was that he couldn’t get his gun if needed, he said.

Trooper Kenneth Jones removed Thomas from his back and after a struggle, he and another trooper cuffed Brown, he said. Jones, he said, used a unique hold on Brown’s neck below his jaw. Their level of force was consistent with the resistance they met based on state police guidelines, he said. Deaton showed photos and video of Quarry struggling with both men.

As Attorney General Patrick C. Lynch and state police Supt. Brendan P. Doherty briefly watched the proceedings, Quarry testified he didn’t know why Thomas wasn’t arrested at that point. But moments later, he tackled Thomas’ legs to bring him to the ground after seeing him spar physically and verbally with MacKisey.

Quarry’s back and neck were strained in the struggles, he said, and the drug-sniffing police dog on the scene bit him twice.

Under cross-examination by William P. Devereaux, Quarry said he knew the tribal police force was federally certified, but was not aware a tribal government existed. He said he was not told to seek out Thomas or tribal police about the warrant, or withdraw if they met resistance.

Asked why he included tribal titles such as councilman in his witness statement if he didn’t know of the Narragansett government, Quarry said he inquired about their titles after the fact. Shown video footage, Quarry said it appeared Assumpico placed her arm in the door and another man pulled it out.

Devereaux also produced clips showing MacKisey putting his hand on Thomas’ chest, spurring Thomas to scream “get your hands off of me.”

Next to take the stand was Sgt. Douglas Newberg, whose duty was to stay near the state police vehicles parked at the edge of tribal land. As troopers approached, he said, he saw tribal members and uniformed tribal police officers trying to block their entrance.

He ran to Detective Joseph Philbin’s assistance as he struggled with Thawn Harris, a tribal conservation officer. “I was concerned because he was a uniformed officer who had a weapon,” he said. He repeatedly told Harris to put his hands behind his back and stop resisting before he and Philbin “muscled” a noncompliant Harris into handcuffs, he said. He removed his weapon and ammunition.

Newberg was also involved in the arrest of Norman Gonsalves, Noka’s 15-year-old stepson and son of Bella Noka, another defendant.

He then saw Thomas’ confrontation with MacKisey, but turned his back to prevent anyone from jumping on officers as they arrested the chief, he said. Thomas, he said, thrashed on the ground in resistance.

Newberg would not speculate on Philbin and Harris’s height under cross-examination by Harris’ lawyer, Kevin Bristow. In previous testimony, Quarry estimated Philbin’s height at 6 feet 5 inches and his weight at about 250 pounts. Harris is about 5 feet 4½ inches tall.

Bristow displayed images of Philbin taking Harris to the ground followed by Harris stomach-down with his hands out. The police charged Harris with resisting arrest and assault.

Asked by defense lawyer Gary Pelletier if he tripped Gonsalves, he said “I may have swept his legs.” He did not recall another officer holding Gonsalves to the ground by his throat, but later said he did see that in video. He returns to the stand this morning.

kmulvane@projo.com