Charlestown
First trooper on tribal land recalls raid
01:00 AM EDT on Friday, March 14, 2008
PROVIDENCE — Trooper Ann Assumpico is the first officer seen running onto tribal land in news footage of the 2003 state police raid on a Narragansett Indian smoke shop. She dashes past a pack of other officers as she makes her way through trees toward the roadside store.
“I was moving pretty fast because I could see something happening inside the trailer,” Assumpico told jurors yesterday in the 10th day of testimony in the trial of seven Narragansetts arrested as state police executed the search and seizure warrant. She heard yelling from inside, she said. They had been told at an earlier briefing to be careful because tribal officers would be armed and they might meet resistance.
As she turned onto the property, she said, she was surprised when tribal conservation officer Thawn Harris shoved her, telling her to get off Narragansett land. “You wouldn’t expect a police officer to put his hands on me.”
Harris, who she described as very strong, repeatedly pushed and struck her with such intensity she could feel the blows through her bullet-proof vest, she said responding to questions by Special Assistant Attorney General Maria Deaton. She blocked one shot, but was hit twice in the throat as he tried to prevent her progress, she said. He dealt another shot to the back of her head after she passed.
But Assumpico’s recall proved less vivid under questioning by defense lawyer Kevin Bristow. When asked for a chronology of events, Assumpico said she needed her recollection refreshed and asked to see the report she wrote the day of the raid.
She also asked to see her written responses to questions posed by prosecutors Wednesday in preparation for her testimony.
Her written statements detailed being assaulted and scuffling with Harris, who was armed, and being struck from behind. They did not mention comments about tribal land or him striking her in the throat. Asked why information would be left out of the report she wrote hours after the raid, she said “because you do the best you can at the time.”
Video clips show Harris and other tribal members standing roadside as a procession of state police cruisers arrive. Tribal officers appear to be backing sport-utility vehicles into position in front of the shop. Photos display Harris and Assumpico engaged face to face with arms gripping each other. Harris’ hand is near her collar bone in one shot.
Asked if she realized she knocked off Harris’ hat during the confrontation, she said, “I don’t think I could have reached his hat.” Harris stands 5 feet 4½ inches; Assumpico is two inches shorter.
She didn’t arrest Harris at the time because she was focused on her duty: to get to the smoke-shop door and “assist with incidents that might end in arrest,” she said. “I was on my way to the door … one way or another.”
She tried to make her way through the shop door, but her arm got stuck. She said she looked into the face of Hiawatha Brown, a tribal councilman, as he pushed the door against it.
Someone inside yelled: “Her arm’s caught in the door” before a man in a white shirt — Tribal Administrator Anthony Dean Stanton — pulled it out. Brown kept leaning on the door, she said.
Clips show Assumpico, a fourth-degree black belt, placing her arm in the door as Brown goes to close it. Brown can be seen leaning against the door before struggling with another trooper.
Someone pushed the door from inside and pulled her through, she said. Sgt. Donald F. Devine, one of five undercover officers inside, asked if she was OK. She said she didn’t see Devine right away upon entering the shop. Devine, who had the warrant, testified last week that he left to retrieve his raid jacket and some paperwork from the car.
She pulled her baton out briefly, she said, but put it back on her belt upon realizing there wasn’t a threat inside the shop. She then saw Adam Jennings, a tribal member, arguing with a detective who had asked him to leave. He grew combative with his arms flailing and legs kicking as officers moved to arrest him, she said.
Defense lawyers will continue cross-examining Assumpico today.
Detective Joseph Philbin, meanwhile, concluded his testimony. Harris is charged with assaulting Philbin, not Assumpico. Philbin told jurors that he arrested Harris because he assaulted Assumpico and that Harris resisted being cuffed by kicking his legs and refusing to yield his hands. Harris is also charged with resisting arrest.
Defense lawyer William P. Devereaux returned to a line of questioning he has hammered throughout the trial: Had Philbin or other troopers been told to seek out Chief Sachem Matthew Thomas about the warrant? Was he aware the Narragansett Indian tribe has a government and a federally certified police force whose duty it is to protect tribal land?
Philbin said he was aware of the police force, but was unsure of its jurisdiction since state police had been called to assist on tribal lands during his 14 years on the force. He knew about tribal government through the news.
Asked about why the drug-sniffing dog, Bandit, was needed, Philbin said it was good to have a patrol dog at the execution of any warrant. Philbin, who works in the state police intelligence unit, said it is typical for search warrants to be shown at the end of their execution.
“You can’t stop in the middle of execution to produce paperwork with people resisting,” he said. He added he is usually involved in drug-related or organized crime warrants.
Defense lawyers have questioned why Devine did not show the warrant until as much as a half-hour into the raid. Videos show Thomas asking repeatedly for the warrant, while a tribal officer calls for federal papers.
At Governor Carcieri’s orders, dozens of state police, and some Charlestown officers, executed the search and seizure warrant around 1:30 p.m. July, 14, 2003, to stop the tribe from selling tax-free cigarettes. Thomas, Jennings, Brown and Harris face misdemeanor charges that carry penalties of up to a year in prison and a $1,000 fine or both.
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