Opinion
W3-2021-0030A W3-2019-0264A W3-2019-0269A
12-15-2023
STATE OF RHODE ISLAND v. IRVING JOHNSON; COREY JOHNSON; AND DAMION EVERETT
For Plaintiff: Mark J. Trovato, Esq. For Defendants: Shannah Kurland, Esq. Katherine Hadley, Esq. Lauren Iannelli, Esq. Glenn Sparr, Esq.
ATTORNEYS:
For Plaintiff: Mark J. Trovato, Esq.
For Defendants: Shannah Kurland, Esq. Katherine Hadley, Esq. Lauren Iannelli, Esq. Glenn Sparr, Esq.
DECISION
THUNBERG, J.
This matter is before the Court for decision after the conclusion of a trial conducted without the intervention of a jury. The charges under consideration are as follows: all three of the Defendants are charged with obstruction of a police officer in violation of G.L. 1956 § 11-32-1; willful disturbance of a lawful meeting of the Narragansett Indian Tribe in violation of G.L. 1956 § 11-11-1; and disorderly conduct, i.e., acting in a violent and tumultuous manner, in violation of G.L. 1956 § 11-45-1. Additionally, each of the Defendants is charged with assault and battery in violation of G.L. 1956 § 11-5-3-Corey Johnson upon Narragansett Tribal Police Chief Antone Monroe; Irving "Rocky" Johnson upon Narragansett Tribal Officer Nelson Hazard; and Damion Everett upon Charlestown Police Officer Paul Gentile.
All of the offenses in question were alleged to have occurred on April 27, 2019 at a regularly scheduled meeting of the Tribal Assembly to be commenced at the Four Winds Community Center in Charlestown, Rhode Island.
Chief Sachem, Anthony Dean Stanton, of the Narragansett Indian Tribe testified that the tribe conducts meetings on the last Saturday of each month. All of the tribal members receive notice of the meeting by mail. Chief Sachem Stanton explained that the Narragansetts are the only federally recognized tribe in Rhode Island. Members, in order to be eligible for tribal membership, must be descendants of the original Narragansetts. As of April 2012, no one who was not a member of the tribe, and the Narragansett Tribe exclusively, was permitted to attend the meetings. Chief Sachem Stanton was emphatic that dual membership, i.e. belonging to more than one tribe, was not allowed and not recognizable. Article VI of the "Constitution and By-Laws of the Narragansett Tribe of Indians" provides that "[e]ligibility to membership must consist of Narragansett Blood." (Ex. 1, Constitution and By-Laws of the Narragansett Tribe of Indians, art. VI.)
In May of 2016, Defendant Irving "Rocky" Johnson filed with the Town Clerk of South Kingstown, "Constructive and Public Notice of the Ninigret Nehantick Nahaganset Tribal Trust Charter." (Ex. 2, Ninigret Nehantick Nahaganset Tribal Trust Charter, Constructive and Public Notice.) On said document, Defendant declared:
"I am Irving Rocky Johnson, Musquant Nompashim Netas "Raging Bull", natural born aborigine blood of the NINIGRET NEHANTICK NAHAGANSET, descendant of NAHAGANSET ancestors of North America, Turtle Island. This Notice brings forth the legal and lawful standing and status of the NINIGRET NEHANTICK NAHAGANSET Tribe reestablished by the bloodline of NINIGRET NEHANTICK NAHAGANSET Ancestors, now filed with your office for the purpose of official notification of aborigine and tribal standing . . . Through corruption, fraud and murder, the fraudulent nation and unconstitutional leadership of the current Narragansett Nation is supported by the BIA and other United States agencies, and is herein challenged and denounced, and we the people of the NINIGRET NEHANTICK NAHAGANSET Tribe will no longer accept the abuse perpetuated in secret." Id.
In tandem with the aforementioned document, Defendant Damion Everett posted an "Affidavit Constructive and Public Notice of Tribal Declaration" identifying himself as "NeesuWushuwunoag, Principal Chief and Tribal Trust Manager of the Mashapaug Nahaganset Tribal Trust and Nation, hereafter referred to as the 'Mashapaug Nahaganset Tribe' (Ex. 3, Affidavit Constructive and Public Notice of Tribal Declaration.)
In January of 2019, counsel for the Narragansett Indian Tribe, Pannone, Lopes, Devereaux, and O'Gara LLC, notified Defendants Irving "Rocky" Johnson and Damion Everett, by letter, that "[their] self-proclaimed and self-appointed status [afforded them] zero recognition, status, standing, or jurisdiction." (Ex. 4, Jan. 10, 2019, Letter; Ex. 6. Jan. 31, 2019, Letter.) The letter also reiterated that "the laws governing Tribal membership with the Narragansett Indian Tribe do not allow membership in two tribes." Id. The Defendants were informed that because their membership status was "in question" that they would "not be permitted to attend any tribal meetings, be it regular monthly meetings, special meetings, etc." Id.
Defendants responded to counsel's notification by way of certified mail, advising counsel that "as . . . lawfully enrolled member[s] of the federally recognized and acknowledged Narragansett Indian Tribe [they did] not recognize [counsel's] authority or jurisdiction to question the membership status or activities of any lawfully enrolled member of the Narragansett Indian Tribe." (Ex. 5, Jan. 29, 2019, Letter.) Defendants further instructed counsel that they were "prohibited from communicating with [them] any further in this regard." Id.
In response to the aforementioned developments and communications, Chief Sachem Stanton issued a written notice to all members of the Narragansett Indian Tribe that the Tribe did not recognize organizations which "[in] recent years . . . [had] either claimed to act on or on behalf of the Narragansett Indian Tribe, or to possess similar rights which are exclusive to the Narragansett Indian Tribe." (Ex. 7, Feb. 1, 2019, Letter of Chief Sachem Stanton.) The referenced organizations included the Ninigret Nehantick Nahaganset Tribe and the Mashapaug Nahaganset Tribe.
Chief Sachem Stanton reminded tribal members that:
"The Tribe engaged in a long, arduous and patient struggle to be formally recognized by the United States government, despite maintaining a distinct tribal identity throughout its history. Finally, in 1983, the Narragansett Tribe was federally acknowledged and recognized by the United States of America and is the only federally recognized Indian Tribe in the State of Rhode Island. As such, it is the only Tribe afforded certain rights and privileges as a sovereign Indian nation recognized by the United States and the State of Rhode Island. See 48 Fed.Reg. 6177, Feb. 10, 1983. The Narragansett Indian Tribe is governed by its Chief Sachem and Tribal Council and is a functioning tribal government." Id.
Pursuant to the above-described events and exchanges, tribal membership decided to hold a special referendum vote on April 20, 2019 regarding the issue of dual citizenship. The ballot question restated the Tribe's policy and tradition regarding dual membership, i.e. that a "member has, by his or her declared membership, agreed that he or she is a lawful member of the Narragansett Indian Tribe and no other tribe, band, splinter group or group of indigenous people, and owes allegiance to the Constitution, laws, lore and traditions of the Tribe." (Ex. 15, Narragansett Indian Tribe Referendum Ballot Question.) The voters/members were asked to affirm or deny this tradition and policy. The affirmative vote prevailed by a count of eighty-seven to sixty-six. (Ex. 17, Statement and Report of the Narragansett Indian Tribe's Special Referendum Vote of April 20, 2019.)
On April 25, 2019, Judge Dowdell of the Narragansett Indian Tribal Court provided notice to the Defendants regarding the "Application of Referendum Vote." (Ex. 19, Notice of Referendum Vote.) The judge advised that "[t]he Tribe affirmed that an avowed and recognized Narragansett Tribal member, by declaring membership, agrees that a lawful member of the Narragansett Indian Tribe does not hold membership in any other tribe, band, splinter group or group of indigenous people, and does further owe allegiance to the Constitution, laws, lore and traditions of [the] Narragansett Tribe." Id. The judge informed the Defendants that it "[was] the Tribe's expectation that you will no longer seek participation nor allowed admittance into Assembly proceedings or any other deliberative or political tribal matters." Id.
It is with this backdrop that the date, April 27, 2019, of the Narragansett Indian Tribe's next regularly scheduled meeting arrived. Chief Antone Monroe of the Narragansett Indian Tribal Police was in charge of security, having enlisted the assistance of the Charlestown Police Department and Rhode Island State Police. Chief Monroe noted that the issue of members claiming the right to dual citizenship has existed for the previous two to three years. He explained that the Four Winds Community Center is located on Tribal Trust property. Chief Monroe was aware that Defendant Irving "Rocky" Johnson was not permitted to enter the building and attend the meeting. Chief Monroe was positioned behind Tribal Council Officer Sergeant Nelson Hazard at the top of the ramp and stairs with his hands on both sides of the railings. While the officers were trying to prevent Irving "Rocky" Johnson from entering the premises, he jumped over the railing to gain access to the deck and entryway. Chief Monroe testified that Defendant Corey Johnson was "body-blocking" him and that they bumped each other a few times. Chief Monroe was shoved by Corey Johnson with such force that his glasses fell to the ground. Inside, Chief Monroe observed Defendant Damion Everett agitated and yelling in an aggressive manner. Damion Everett then flipped over a utility table, after which Officer Steven Smith, a reserve officer for the Narragansett Tribal Police, clutched him in a "Full Nelson."
Chief Monroe's testimony was followed by that of Sergeant Hazard. Sergeant Hazard had been instructed by the Tribal Council that Wayne Everett, Damion Everett, and Irving "Rocky" Johnson be denied entry into the meeting. The first individual Sergeant Hazard observed from his post was Wayne Everett, as he approached the ramp of the "North [sic] Wind" building. (Trial Tr. 318:16-17, 320:14-18, Apr. 12 and 13, 2022.) Sergeant Hazard testified that as Wayne Everett approached, he informed him that he was not permitted to enter the building. Wayne Everett then walked back to the parking lot. Shortly thereafter, while Sergeant Hazard was posted at the end of the ramp, he observed Damion Everett and Irving "Rocky" Johnson approaching. Sergeant Hazard then walked over to the stairs to the ramp and informed the two men that they were not allowed to attend the meeting. Nonetheless, Irving "Rocky" Johnson proceeded to attempt to gain entrance, leaning into Sergeant Hazard's body. This behavior is depicted in the photograph marked as Exhibit 26. (Ex. 26, Photograph.)
While Irving "Rocky" Johnson was attempting to push through Sergeant Hazard, the Sergeant "stood [his] ground and held on." (Trial Tr. 329:24, Apr. 12 and 13, 2022.) Irving "Rocky" Johnson then jumped one of the railings to the deck and made his way into the building.
Officer Smith was also on duty to maintain security at the meeting. Officer Smith likewise had been instructed to ensure that Wayne Everett, Damion Everett, and Irving "Rocky" Johnson be denied entry into the meeting hall. At one point, Officer Smith attempted to restrain Damion Everett from going into the building by putting his arms on Everett's shoulders. Damion Everett continued to push his way into the building and proceeded to the sign-in table which he flipped over with his hands.
The third alleged victim of the assault was Charlestown Police Officer Paul Gentile. When he eventually entered the meeting hall, he observed Officer Smith "engaged with . . . Damion Everett." (Trial Tr. 410:1-7, Apr. 26 and May 10, 2022.) Officer Gentile described that he could see the two men "locked up, like, almost like a pushing match." Id. at 410:11-12. Damion Everett then pushed Officer Gentile, and the officer "fell backwards over [a] chair." Id. at 411:19. As he was falling, he "felt a thud in [his] back." Id. at 412:5-6. After viewing the video surveillance tapes of the event, he saw that Damion Everett "[swung] a full, full punch at [him]." Id. at 416:25-417:1.
Lieutenant Philip Gingerella of the Charlestown Police Department explained that his department has a joint relationship with the Narragansett Tribal Police, as the latter is a "very small department." Id. at 432:17. On April 25, 2019, Lieutenant Gingerella was notified by his chief, Chief Michael Paliotta, that Chief Monroe wished to speak with them regarding an upcoming meeting of the tribe, specifically, the denial of entry to Irving "Rocky" Johnson and Damion Everett per the referendum. Lieutenant Gingerella testified that on the day of the event, while Sergeant Hazard had his hands on the railing, Irving "Rocky" Johnson gave the officer a "football push several times into Officer Hazard's mid-area as he was trying to push by him." Id. at 456:15-17. Lieutenant Gingerella heard Sergeant Hazard say "[y]ou're not coming in . . . over and over again." Id. at 456:18-19.
Lieutenant Gingerella then saw Irving "Rocky" Johnson jump over the rail and "[try] to move people out of the way to try to move towards the door." Id. at 459:2-4. He also observed Corey Johnson "physically holding Chief Monroe around his body, physically to hold him back." Id. at 459:7-9. When Lieutenant Gingerella was able to gain entry into the building, he saw a "disturbance going on . . . [he] could see two people on the ground struggling." Id. at 461:17-23. He identified them as Irving "Rocky" Johnson and Earl Stanton, the Tribal Council Scout. Contemporaneously, another struggle was "going on about [fifteen] feet [away]." Id. at 462:12-13. The latter involved Officer Gentile and Damion Everett.
At this point, Lieutenant Gingerella engaged the assistance of the Rhode Island State Police, specifying to Lieutenant McKennehey that he (Lieutenant Gingerella) "had observed crimes by Rocky Johnson and . . . wanted to arrest him." Id. at 466:12-13. The two officers made their way over to the sign-in table where Irving "Rocky," Damion, and Corey were there with the Chief Sachem, all engaged in a "heated discussion." Id. at 466:25. However, as the officers attempted to "get over to that location" they were "blocked by Damion and Corey" who "stood in front of Rocky . . . they stood between Rocky and [Lieutenant Gingerella] and several other officers." Id. at 467:3-12. The officers explained that "[they] want[ed] Rocky . . . [but] [Damion and Corey] did [not] give way [and] stood their ground." Id. at 467:14-19. At this point, Irving "Rocky" Johnson proceeded to the center of the room and sat in a chair. "[I]mmediately . . . a group of people sort of surrounded him and made sort of a like a circle around him in the center of the room." Id. at 468:5-7.
Lieutenant Gingerella concluded that "Rocky was the primary instigator" and shared this conclusion based upon his own observations with Lieutenant McKennehey. He communicated to Lieutenant McKennehey that he wanted to arrest Irving "Rocky" Johnson and Lieutenant McKennehey said "okay, lets go arrest him." Id. at 468:14-15, 469:1. This attempt was aborted however as the officers "ran into Damion who resisted [them], [and] wouldn't let [them] penetrate that group to get Rocky." Id. at 469:9-10. Lieutenant Gingerella determined that they "were not going to be able to effectively arrest him without, without raising [their] level of force." Id. at 469:14-16. Chief Paliotta soon arrived thereafter, and the two officers agreed that Lieutenant Gingerella should be allowed one more attempt to convince Irving "Rocky" Johnson to submit to an arrest. Lieutenant Gingerella then "was able to penetrate the group and . . . get up next to . . . Rocky." Id. at 470:11-12. Lieutenant Gingerella was "able to get down . . . able to get into his right ear [with] my mouth, his right ear, and [he] told him. . . '[y]ou're under arrest.'" Id. at 470:16-18. Lieutenant Gingerella added "[b]e a man, stand up, and walk out of here. You're under arrest." Id. at 470:20-21. To this, Irving "Rocky" Johnson responded, "no." Id. at 470:23. A decision was made by Chief Paliotta that no arrest would be made that day. Irving "Rocky" Johnson was told by an unidentified individual that he was free to leave, and he did so. On the day following the attempted Tribal meeting, Lieutenant Gingerella secured surveillance videos of all of the relevant areas which depicted the actions of all of the pertinent parts. (Ex. 28, Video Surveillance Tape.) After reviewing the videos, various law enforcement officers conferred regarding what charges should be lodged.
Lieutenant Gingerella has reviewed the video surveillance at least 100 times and detailed his observations of the parties involved. (Trial Tr. 480:2-3, Apr. 26 and May 10, 2022.) The tape captures Irving "Rocky" Johnson jumping over the rail followed by Corey Johnson pushing Chief Monroe causing him to lose his glasses. Id. at 483:4-6, 484:9-12. After Chief Monroe retrieved his glasses, he is shoved again by Corey Johnson. Id. at 484:14-15. Lieutenant Gingerella then observed, as depicted in the tape, Corey Johnson place his "left arm and elbow into Chief Monroe's . . . chin/neck area." Id. at 485:24-25.
Defendant Corey Johnson testified that he has been a lifelong member of the Narragansett Indian Tribe. On April 27, 2019, he drove with Damion Everett to the meeting. He said that he did not know anything about he or Irving "Rocky" Johnson not being allowed to attend the meeting. Corey Johnson explained that it had always been important for him to attend tribal meetings and "understand what [was] going on within the Tribe." (Trial Tr. 759:17-18, Mar. 21, 2023.) Corey Johnson is a brother to Irving "Rocky" Johnson and a cousin to Damion Everett. When Corey Johnson arrived at the meeting hall, he was prevented from gaining entry by "the chaos [which] ensued on the steps." Id. at 760:18. He explained that "there was just a lot of pushing and shoving . . . that went on . . . some folks went in, and I was pushed off the steps, so [I] assumed I couldn't go in that front door . . . ." Id. at 761:24-762:2. Corey Johnson then climbed over the railing and announced that "[they] have a right to be [there]. It's our Constitutional right." Id. at 765:10-11. He denied striking Chief Monroe and denied purposefully knocking the Chiefs glasses off. Id. at 770:25-771:2. The Defendants eventually gained access to the meeting hall by the back door. While Irving "Rocky" Johnson was sitting in the center of the circle, Corey Johnson did hear Lieutenant Gingerella talking to Irving "Rocky" Johnson, "trying to . . . get him to go outside." Id. at 780:21-23.
Corey Johnson testified that the reason his arm was on Chief Monroe's throat was because he was trying to "[maintain his] balance." (Trial Tr. 819:2, Apr. 17 and 21, 2023.) He claimed that the officers were pushing him back as he was trying to get into the meeting. Eventually, the officers "grabbed [him] . . . [and] ushered [him] off the steps." Id. at 820:21-25. Corey Johnson then walked around to the unguarded back door of the building and gained access. There was "a big commotion going on" and "yelling going on." Id. at 822:2-8. He also saw his brother "inside . . . coming towards the front table" which is "for the [Tribal] Council and the executives." Id. at 822:9-16. Corey Johnson stated to Chief Monroe the "[s]ame thing [he] was saying outside, we have a right to be here, it's our Constitutional right, and we had to peaceful [sic] assemble, that kind of stuff." Id. . at 823:5-7.
Defendant Damion Everett testified that he was born into the Narragansett Indian Tribe and regarded himself as a lifelong member. Id. at 845:19-24. As Damion Everett approached the Four Winds building, Sergeant Hazard told him to "hold up, hold up." Id. at 860:1-4. Damion Everett responded, "Nelson what are you talking about? This is the first time I ever heard about this." Id. at 860:12-13. Sergeant Hazard restated, "hold up, guys, you can't come in." Id. at 860:17-18. Damion Everett thought that the police presence was connected to the potential arrests of the Medicine Man and Tribal Scout, explaining that "[f]or once, I was hoping you, you heard our call. Just for once." Id. at 862:11-14. He acknowledged that on the tape he "appear[s] to be struggling with a Tribal Officer." Id. at 865:22-25. But he maintained that he was being "manhandled" and "tossed around" and "had no control." Id. at 866:17-18. Damion Everett testified that "[Officer] Steven [Smith] had his way with me, and then the officer had his way with me." Id. at 867:14-15. When counsel inquired where he "end[ed] up," Damion Everett replied "[w]herever they took me . . . [o]n the ground . . . on the table, everything. Wherever they . . . decided." Id. at 867:19-23. Damion Everett claimed that Officer Smith was trying to "put [him] through that table" and the officer stated his intention using a "swear word." Id. at 875:10-18. Damion Everett testified that while both of Officer Smith's arms were around him, "[a] table is flipped." Id. at 877:7. At this time, Officer Smith was also "trying to slam [the Defendant] to the ground." Id. at 877:21. When the Court inquired of Damion Everett, "how do you say the table ended up flipped over?" he responded, "[h]onestly, I think it was organic. I think it was either he was going to put me through the table or, or somehow, you know what I mean? I, I honestly believe he, what he was saying he was going to put me through that table." Id. at 879:25-880:6.
Damion Everett later acknowledged that "maybe [he] hit [the table] with [his] legs . . . [b]ut . . . even if [he] did hit it, it was never [his] intentions to, to throw the table. Id. at 880:24-881:6.
Damion Everett also recalled "when Rocky sat down in the chair" saying "[h]is rights are being violated, violated his human rights, his Indigenous rights, his . . . Narragansett rights." Id. at 885:16-886:1. Damion Everett further observed an officer asking Rocky to "come to the street . . . ." Id. at 886:20. Specifically, the officer stated, "[w]hy don't you be a man and come to the street." Id. at 886:23-24. Damion Everett denied hearing any officer advising Irving "Rocky" Johnson that he was "under arrest." Id. at 888:10-12. During cross-examination by Attorney Shannah Kurland, Damion Everett reiterated that no one had talked to him about "not being allowed into the meeting." Id. at 892:13-16. When questioned about receiving any letters regarding his work with another organization, Damion Everett replied, "[n]ever received no letters, no conversation." Id. at 893:4.
The defense, through Attorney Kurland, presented the testimony of Randy R. Noka. Mr. Noka, a citizen of the Narragansett Tribal Nation, served as a council member for the Tribe for twenty years. He also previously served in executive offices by sitting for the National Congress of American Indians, the U.S. South-Eastern Tribes, Incorporated, and the Native American Fish and Wildlife Society. Mr. Noka was present at the April 27, 2019 meeting and also viewed the video surveillance tape which was introduced as evidence. He testified that he saw himself on the video, "walking around, as [he] typically do[es], . . . at a meeting, prior to it starting." (Trial Tr. 915:23-25, Aug. 22, 2023.) "[A]t some point" Mr. Noka observed "activity outside the . . . main doors to the . . . north wing where we have our meeting. There's commotion, tribal members and . . . law enforcement . . . certainly Charlestown Police." Id. at 916:5-11. He approached the door "tried to open [it] . . . actually . . . did open the door . . . pushed on the door because [he] wanted to get a better feel for what was going on, [because] tribal members were involved." Id. at 916:24-917:2. Mr. Noka was one of two people to push the doors open, after which Irving "Rocky" Johnson entered the meeting hall. Id. at 917:4-5. Mr. Noka stated that after Rocky entered, that "more or less immediately . . . Earl Stanton, the [T]ribal [S]cout . . . tackled Rocky to the ground." Id. at 918:14-16. Mr. Noka also observed a "lot of commotion, chairs being turned over and people pushing." Id. at 918:23-25. He acknowledged that a Charlestown Police Officer asked him to "intercede" and to "speak with Rocky" in order to get him outside. Id. at 919:1-5. Mr. Noka denies hearing "anything about arresting Rocky or Rocky being under arrest." Id. at 919:8-11. He also explained that the meeting had not yet been formally called to order at the time of the aforementioned observations. Id. at 920:9-11.
The final witness to testify was Musquant Nompashim Netas also known as Defendant Irving "Rocky" Johnson. Irving "Rocky" Johnson explained that he "helped put . . . together" Exhibit C which is an "affidavit to challenge jurisdiction." Id. at 923:15-25; Ex. C, Affidavit to Challenge Jurisdiction. He elaborated:
"I don't feel this is the proper arena for . . . Indigenous folks. I'm a sovereign individual . . . I
don't understand the process here or why I'm here . . . I'd like the Court to be aware that we have our own, as Indigenous people, as sovereign individuals of this land, we have our own way of working out our differences with one another . . . [T]hat was the forum that I was entering . . . the day . . . I wasn't arrested that day but is [sic] what I'm here for . . . for going to a meeting, showing up at a tribal meeting . . . [and] there's [a] lot of outside people . . . outside law enforcement. [The] point is that I was at that meeting to handle . . . business among ourselves. It's an internal tribal matter, and that's where we handle our business. How and why I'm here is beyond me." Id. at 923:24-924:3, 926:3-15.
These sentiments were echoed by Corey Johnson just prior to closing arguments. He was recalled to the stand regarding Exhibit C, which he has never read. He testified that "as of right now and throughout the course of [the] entire trial and back in April of 2018, [he] [has] always been a member of the . . . Narragansett [tribe]." (Trial Tr. 943:18-21, Aug. 31, 2023.) He asserted that he has "always thought" that the case should not be heard in Superior Court, but rather in Tribal Court. Id. at 944:3-9.
During closing arguments, Attorney Glenn Sparr, on behalf of Damion Everett, emphasized that Damion Everett has always considered himself a member of the Narragansett Tribe, a tribe with which he has never renounced his citizenship. Counsel argued that because Officer Smith had his client in a Full Nelson, his client had only two choices, "either let the officer pull him to the ground or he can be pushed out into the table." Id. at 953:18-20. The "table was flipped solely because of Officer Smith's actions and my client's reaction to those actions." Id. at 954:1-3.
The defense also asserts that his client cannot be found guilty of disturbance of a public assembly because the meeting had not been called to order yet and "we don't know what is done to call the meeting into order." Id. at 956:15-17. Counsel's position is that "in order to disrupt a meeting, the meeting has to start . . . [t]his meeting hadn't started yet. We had a gathering of people who are preparing to have a meeting that had not yet begun." Id. at 956:21-25. Counsel further argued regarding the charge of assault, that Officer Gentile was the aggressor. Id. at 957. Furthermore, counsel contends that his client "did nothing to obstruct. The Lieutenant walked up to Rocky Johnson twice. They did absolutely nothing to disrupt that situation." Id. at 958:9-12.
Attorney Lauren Iannelli, representing Corey Johnson, argued that the meeting was "certainly not a lawful meeting under their, under their laws, the Rhode Island General Laws that they don't recognize. They recognize their own set of laws." Id. at 961:6-9. She reiterated that "Mr. Johnson had testified he doesn't understand why he's here. He doesn't believe that members of his tribe or the Narragansett Indian Tribe fall under the laws of the State." Id. at 961:18-21. In any event, counsel contended that the meeting never actually started. Id. at 962. Counsel further argued, with regard to the assault charge, that her client had "no intention of assaulting anyone that day. He was simply being pushed around, trying to gain his footing, grabbing on to the banister in order to do so; that he had no intention of blocking or preventing anyone from entering that meeting, assaulting anyone, knocking anyone's glasses off, or being disorderly in any fashion." Id. at 964:19-25. With regard to the obstruction, counsel stated, "there again, my client was not part of the group that were pushing into the meeting and actually made entry into that meeting. As I mentioned before and you can see in this-in State's Exhibit 28, that he did leave that deck area and walk down and around through the front door. So he certainly was not obstructing any officers from entering that meeting . . . he walked right up to the council table, and he was asking questions." Id. at 965:13-22. Counsel added that her client "certainly had no intention of preventing any officers from executing their duty, in any way. Specifically, he testified that the police were asking for his assistance with getting everyone to step outside and getting everyone to calm down." Id. at 966:8-13.
On behalf of Irving "Rocky" Johnson, Attorney Kurland argued that "it is unimaginable . . . that somebody can even be charged with obstruction on the allegation that they didn't stand up, get up, and move away when someone told them that they are under arrest." Id. at 969:25-970:3. She noted that there was "no physical resistance" and "no attempt to handcuff Rocky, there was no attempt to move him . . . along," adding that "[t]here is simply Lieutenant Gingerella's testimony that-and only Lieutenant Gingerella's testimony-that he told Rocky he was under arrest and to man up and go outside or [sic] no one else's testimony. There's no other attempt visually, at all, and or to anyone else's hearing that Rocky was even told he was under arrest . . ." Id. at 970:5-18. Counsel contends the offense of obstruction is not committed by a defendant who was "sitting there when someone ostensibly, allegedly tells you you're under arrest and getting up, picking up your stuff, and marching out wherever they're pointing you. And Rocky did, in the end, as you can see on the video, get up and leave. If that was the instruction he got, then that's what he did. He complied. So there's no obstruction there. He was outside the building." Id. at 971:20-972:3.
Attorney Kurland also argues that her client did not commit an assault upon Sergeant Hazard. She contends that on the videotape, one "[sees the defendant] trying to avoid contact at every point, the way he angles his body. Jumping over, jumping over the railing, climbing over, and landing in a spot where no one was standing is an incredibly creative attempt to avoid physical contact and avoid the act of assaulting anybody." Id. at 972:15-21. "The physical contact was very brief, was very coincidental, part of the same everyone moving." Id. at 973:12-14.
As to the charge of disorderly conduct of her client, counsel posits: "if the disorderly conduct is supposed to be the pushing and shoving and arguing before folks came into the meeting, then we have to look at where that started and what made it less okay for, for anyone to go into that meeting than anyone else." Id. at 975:24-976:4. Counsel insists that "no order . . . had been communicated to Rocky or anyone else that they couldn't go into the meeting until a police officer told them verbally, right here, oh, here, there is an order but there was no detail. There was no, no copies of anything given to them." Id. at 976:5-10.
Lastly, counsel regards the charge of disturbing a lawful assembly "iron[ic]" as "it was no one more than Rocky and the other folks with him wanted this meeting to happen, wanted it to occur." Id. at 980:11-13.
The meeting, incidentally, was a regularly scheduled last Saturday of the month meeting of the Tribe. Prior to April 27, 2019, tribal representatives, as earlier referenced, had determined that three tribal members, Wayne Everett, Damion Everett, and Irving "Rocky" Johnson, were to be denied admittance because of their non-compliant activities and endeavors. Wayne Everett complied with the officer's instructions and peacefully departed the area.
It is clear from observing the videotape that Defendant Irving "Rocky" Johnson pushes his body into Sergeant Hazard in an attempt to gain entry into the assembly hall. The Defendant was unsuccessful in gaining entry and proceeded to jump over the deck railing. The pushing, by the Defendant, into the body of the officer was clearly a voluntary and deliberate act by the Defendant and not the result of jostling or movement of the crowd. The video and credible testimony clearly establish that a violation of § 11-5-3 occurred, i.e., an assault being defined as an unlawful attempt or offer with force or violence to do a corporal hurt to another whether from malice or wantonness; and a battery being defined as an act which was intended to cause and does cause offensive contact of, or consecutive touching of or trauma upon the body of another
The videotapes and the credible testimony which is ratified by the tapes also prove that Defendant Corey Johnson assaulted Chief Monroe. The Defendant took hold of the Chief at one point, pushing his forearm into the Chief's neck, dislodging the Chief's eyeglasses, which fell to the ground. This contact was forceful, offensive, and obviously "unconsented to." The tape also shows Damion Everett engaged with Officer Smith, as earlier described. The Defendant then forcefully flips over the sign in utility table causing Officer Gentile to attempt to take hold of him. As Officer Gentile fell to the ground, during the ensuing scuffle, the Defendant pushed him on his back; clearly assaultive behavior.
The three Defendants are also charged with violating § 11-32-1 which forbids a person from obstructing an officer in the execution of his or her duty.
The State succinctly summarizes the actions and non-actions of the Defendants in its "Written Closing Argument" memorandum:
"After the defendants made entry into the hall and disrupted the meeting, law enforcement attempted to maintain order and clear the room. The defendants refused to comply with the efforts of law enforcement and remained in the room. Charlestown Police decided to arrest Irving Johnson and as they approached the defendants circled around him as if to guard him and shielded him from the efforts of the police. Once Charlestown was able to make contact with Irving Johnson, he refused to leave with the police and defiantly remained seated in the hall. Thereafter, the police decided not to escalate the situation by trying to effectuate his arrest and chose to evaluate the evidence and make charging decisions later. The efforts of all three defendants to disobey the orders of the police to vacate the room and then shield Irving Johnson from the police as he defied their instructions was an interference, delay or hinderance [sic] of the performance of their duties."
Each of the Defendants is also charged with disorderly conduct pursuant to § 11-45-1(a) which proscribes a person from intentionally, knowingly, or recklessly engaging, instigating, or threatening, or violent or tumultuous behavior. All three of these Defendants were intent upon forcing their way into Four Winds. Although Corey Johnson was not disallowed from attending the meeting, he willfully engaged in the pushing and shoving and resistance involving the law enforcement officials. The three men clearly exhibited fighting behavior before and during the assaults on the officers. Their actions caused and continued to sustain a chaotic melee atmosphere on the premises preventing the meeting from actually taking place. In State v. Valdez, 267 A.3d 638 (R.I. 2022), "the trial justice found sufficient evidence of tumultuous behavior by defendant, which the trial justice defined as 'a person acting in such a manner as to cause a commotion, disturbance, or agitation of a multitude, in essence to create an uproar.'" Valdez, 267 A.3d at 643. These three Defendants succeeded in instigating and sustaining the tumultuous situation at the Four Winds Community Center. Because of their actions, the meeting could not be called to order.
Pursuant to § 11-11-1, it is a criminal offense to willfully interrupt or disturb a lawfully commenced meeting. It is clear from the testimonial evidence as well as the exhibits that people were assembled at the hall in preparation for the scheduled meeting. Tribal Officials were present, tables and chairs were set up, including the sign-in table which Defendant Damion Everett flipped over. One can observe, on the videotape, people approaching the hall and the parking lot, as well as people inside the hall, milling around in anticipation of the commencement of the meeting. Law enforcement members from three separate departments were on hand to ensure the safety of the attendees and participants. The case of Douglass v. Barber, 18 R.I. 459, 28 A. 805 (1894), involved a statute which provided punishment by fine or imprisonment "for persons who willfully interrupt or disturb any public or private school." Douglas, 18 R.I. at 459, 28 A. at 805. The Douglass Court noted that "[a] school is as much interrupted or disturbed by preventing the assembly as by breaking it up after it is assembled . . . [t]he fact of calling to order, therefore, is without significance." Id. at 459, 28 A. at 805.
In the case before the Court, people were arriving and had arrived at the scheduled meeting place. The meeting could not commence because of the actions and behavior of the three Defendants.
Based on the foregoing factual findings, a review of all of the evidence, video, including credibility assessment, and an application of law to the same, the Court finds that the State has proven every element of each crime charged against each Defendant by proof beyond a reasonable doubt. Therefore, the Court enters a verdict of guilty on all counts as to each of the Defendants.
However, the Court is of the belief that the behavior exhibited by these Defendants on the day in question was anomalous and isolated. It appeared that these otherwise respectable and respectful men were so overcome by their zealous determination to participate in tribal activities that their sense of self-restraint and control was impeded. Accordingly, each of the within matters is filed pursuant to G.L. 1956 § 12-10-12 as amended, June 23, 2023; said filings to expire on December 25, 2023.