Law

Member from Narragansett Tribe won't face federal prosecution

Tuesday, April 28, 2015

A flyer for the Narragansett Tribe's 339th annual August meeting and powwow. Image from Narragansett Tribe

A member of the Narragansett Tribe of Rhode Island won't face federal prosecution for an incident that occurred on the reservation.

Troy Lake Simonds was indicted for stabbing another tribal member last July. The incident occurred at the powwow grounds on the reservation.

But Simonds argued that the tribe's reservation was not Indian Country. He pointed out that the federal courts have ruled that the tribe's settlement lands are subject to state criminal and civil jurisdiction.

The U.S. Attorney's Office apparently agreed. A motion to dismiss the charge against Simonds was granted last Wednesday.

The motion did not explain why federal prosecutors did not want to pursue the case. But the U.S. Attorney's Office told The Providence Journal that it was withdrawing "voluntarily."

"The issue of jurisdiction having now been raised, we believe it is in the best interest of the United States and the Narragansett Indian Tribe to voluntarily dismiss this particular case," a spokesperson told the paper. "That said, we will continue to stand strongly with the tribe in law enforcement and other matters moving forward. We have asked the attorney general’s office to review this matter for possible state prosecution."

Simonds had argued that the Rhode Island Indian Claims Settlement Act made it clear that the federal government lacks authority over the tribe's settlement lands. By withdrawing the charge, the U.S. Attorney's Office will avoid having a court decide that issue.

The victim in the case was Andrew J. Smith, who was stabbed in the chest and back. He had to spend several days in the hospital, the Journal reported.

The indictment had alleged that Simonds was "an Indian person" who intentionally assaulted the victim, also "an Indian person," within the "boundaries of settlement lands held in trust for the Narragansett Indian Tribe by the United States Secretary of the Interior, which is Indian Country as that term is defined by 18 U.S.C Section 1151."

Get the Story:
Federal charge dismissed in stabbing on Narragansett Tribe land, but R.I. could prosecute (The Providence Journal 4/28)