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 claims the federal government lacks authority to prosecute him for a crime that occurred on the reservation.

Troy Lake Simonds is accused of stabbing another tribal member last July. The incident occurred at the powwow grounds on the reservation.

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

According to Simonds, the Rhode Island Indian Claims Settlement Act is a "unique piece of federal legislation designed to resolve a singular dispute between the Narragansetts and the State of Rhode Island and that it specifically guaranteed that the settlement lands would be 'subject to the civil and criminal laws and jurisdiction of the State of Rhode Island.'"

"It did not create 'Indian Country,'" Simonds said in a motion to dismiss.

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

The indictment alleges 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:
Narragansett Indian accused of stabbing fellow tribe member asks for charge to be dismissed (The Providence Journal 2/17)

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Member of Narragansett Tribe charged for assault after powwow (09/08)
Narragansett Tribe investigates stabbing at powwow grounds (08/11)