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« Police seek ID on suspect in Warwick robbery | Today | Students learn whether they got into charter schools » April 2, 2008Smoke-shop case: Jury sent home, told to clear heads
PROVIDENCE -- The judge sent the jurors deliberating the smoke-shop case home for the day after they sent her a note moments after she clarified their question about self defense. In excusing the jury for the day, Superior Court Judge Susan E. McGuirl also told them to get some rest and clear their heads. Asked through her clerk, McGuirl would not say whether the jury was deadlocked. But she did tell jurors that she will be giving them more instructions tomorrow morning. The jurors were in their first full of deliberations in the case against seven Narragansett Indians arrested during a state police raid on a tribal smoke shop in 2003. This afternoon, they sent a question to McGuirl about self-defense. She explained that a person may defend himself/herself when the person has imminent fear of bodily harm. She also said that person must actually believe he or she is in imminent danger, have grounds to believe so, and must use reasonable force to defend one's self. The person instigating the conflict cannot invoke self defense, she said. After getting that reply, the jury immediately sent back another question -- prompting the judge to send them home for the day. Among the charges the jurors are grappling with are simple assault, resisting arrest and disorderly conduct, stemming from a scuffle with state police during the raid. -- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Katie Mulvaney They deliberated for about four hours yesterday, after McGuirl gave them instructions for about an hour and a half. She told them that it is illegal to resist a lawful or unlawful arrest in Rhode Island. However, she said, an arrestee has the right to use reasonable force to resist an arrest in which an officer is using excessive force. An individual can’t claim he or she is defending another arrestee unless the person being assisted had the right to use reasonable force against an officer, she said. Posted by Mike McKinney CommentsEMT | April 2, 2008 5:25 PM link This is a loose loose situation for the tribe - They may win or loose in court. But they have lost public sympathy and support. They could have been a strong force in RI, as a good neighbour and a proud element of the local heritage. Their arrogance will not soon be forgotten, and the general goodwill towards their cause may have been seriously jeopardised. It matters little what the jury has to say, they have lost. Now all that remains is a little soul searching on their part to figure out where the went wrong - judging from the character displayed so far, they will point the finger and blame others for a bad situation and all of their shortcomings. I hope I'm wrong. Johnnrix | April 2, 2008 6:50 PM link The defendants clearly have an overwhelming sense of entitlement and think money can buy their way out of this. If a white person choked a state trooper, it would have never gone to trial. Hopefully the jury sees that the indians have another motive. Casino anyone? Pat | April 2, 2008 8:39 PM link In no other part of the country would police force like that exercised in this raid be tolerated. It is virtually unheard of. The people of RI are guilty of Trooper worshipping. The Narragansetts were unarmed. The Troopers provoked this incident and handled the aftermath poorly. Let's not let them off the hook. Tim Thomas | April 2, 2008 8:45 PM link Indians?? Where?? I don't see any Indians in that picture. Do You? Tom | April 2, 2008 9:45 PM link Self defense in a case where a State Trooper is being choked on video? Where'd this judge get her law degree? Walter | April 2, 2008 10:27 PM link The Chief is hoping to re-ignite interest in the Narragansett casino with this trial. Either way we will hear it from the Chief: Not Guilt: "The jury has spoken and the guilt from the ages, while not erased, is evident with the jury's decision" (Give us a casino) Guilty: "Discrimination and poor treatment of the Indians continues to this day and the jury's verdict is evidence of this! We never expected fair treatment from the white man!" Paul | April 2, 2008 10:39 PM link Leave the Indians alone, Haven't We screwed them over enough Yet ? Jake | April 3, 2008 12:24 AM link A Sovereign Nation IS A Sovereign Nation! This entire continent including Rhode Island once belonged to indigenous people of all tribes. In the words of Chief Red Cloud:"They made us many promises, more than I can remember. But they kept just one~ They promised to take our land...and they took it." Some people need to educate themselves a little better on what really happened to the tribes, our history as a nation and how the land was acquired is not a pretty picture,...it's time to take the rose colored glasses off ! For anyone interested in furthering their education on what happened to my brothers and sisters I make the following sugestions, get the book Through Native Eyes: The Untold Story Of Native American Peoples or see the movie American Holocaust by Joanelle Romero. Linda Cruz | April 3, 2008 12:39 AM link They are on land given to them by the state. Land thier tribe sold, and land they agreed would always be subject to state laws and law enforcement. Who do they think are by assaulting officers and resisting arrest, in front of cameras, while selling illegal cigarettes, and then claiming to be the victims. This is a waste of taxpayer money on misdemenor charges, that they should have just pled no contest to. Do they think they are better than everyonce else in this state, that they are above the law? They need a reality check, ang hopefully it will be the word "GUILTY". KevinInPVD | April 3, 2008 1:47 AM link As a member of an organized and fairly well run tribe I marvel over the petty squabbling disorganization and frankly criminality I see with the Narragansetts. It is an entitlement issue in my opinion. Instead of doing what they need to get proper recognition and with it the autonomy they want they rush headlong into conflict and play the victim. If Matty Brown really wants to benefit his people it is time to let go of power and let someone run the “tribe” in a professional manner. He seems to be a thug with no vision for his people other than casino money. Creek | April 3, 2008 8:10 AM link Post a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006
If I wrapped my hands around the throat of a state trooper, could I be cleared by reason of self-defense? Or is that just reserved for Indians with tribe-paid lawyers?