Five years after the infamous smoke shop raid, three members of the Narragansett Indian Tribe will not be getting new trials.

Judge Susan McGuirl denied the three tribe members requests after the defense attorney argued there was juror misconduct.
    
William Devereaux says one juror referred to the Defendants as "those people", and beat water bottles on a desk similar to a tom-tom, Native American drum beat.
    
The judge said it was speculative.
    
All of this stems from the July, 2003 incident when Rhode Island State Police raided the smoke shop in Charlestown to prevent them from selling cigarettes without collecting state taxes.
    
The three tribe members were convicted for the scuffle on misdemeanor charges of assault or disorderly conduct, among them Chief Sachem Matthew Thomas.

Now a decision on sentencing will have to wait until Thursday after Judge McGuirl said she needed to hear more information.

ABC 6 reporter Parker Gavigan has the details...