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March 4, 2008

Smokeshop raid began with the purchase of 2 cartons

PROVIDENCE — A defense lawyer questioned Sgt. Donald Devine today about the preparations that led to the raid on a Narragansett Indian smoke shop in July 2003.

Sgt. Devine said he and tax administrator David Thomas bought two cartons of cigarettes at dramatically reduced prices the afternoon the shop opened and then used the unstamped cigarettes to convince state District Court Judge Richard A. Gonella to issue a search and seizure warrant later that night.

About 25 state police met at the Hope Valley barracks the next morning to talk about executing the warrant, but it was called off for reasons Devine did not know.

Under questioning by defense lawyer William P. Devereaux, Devine said he did not know why the state didn’t seek the federal restraining order he referred to in memos to his superiors or why state police executed the warrant two days later with SWAT team members, a police dog and some 45 officers despite a risk assessment he did that concluded it could be handled by his superior Lt. John Leyden.

“It’s not written in stone you have to go by that,” Devine said of the risk assessment.
Chief Sachem Matthew Thomas and six other tribal members are on trial in providence Superior Court for misdemeanor charges of resisting and assaulting state police conducting the raid.

Devine’s testimony will continue this afternoon.

Extra: See the Journals extended coverage of the 2003, including photographs and videos

-- Journal staff writer Katie Mulvaney

Posted by Brandie Jefferson  at 1:50 PM | Permalink

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