LAS VEGAS – The Nevada Supreme Court has ordered the dismissal of a sprawling sex abuse indictment against Nathan Chasing Horse, while leaving open the possibility of charges being refiled in a case that sent shockwaves throughout Indian Country and led to more criminal charges in the U.S. and Canada.
Proceedings in the 18-count criminal case have been at a standstill for more than a year while the former “Dances with Wolves” actor challenged it. The full seven-member court’s decision, issued Thursday, reverses earlier rulings upholding the charges by a three-member panel of the high court and a state judge.
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Kristy Holston, the chief deputy public defender representing Chasing Horse, had argued that a definition of grooming presented to the grand jury without expert testimony tainted the state’s case. Holston said prosecutors also failed to provide the grand jury with evidence that could have cast a doubt on the allegations against Chasing Horse, including what she described as inconsistent statements made by one of the victims.
The high court agreed.
“The combination of these two clear errors undermines our confidence in the grand jury proceedings and created intolerable damage to the independent function of the grand jury process,” the court said in its scathing order.
The ruling directs the judge overseeing the case in Clark County District Court to dismiss the indictment without prejudice, meaning charges against Chasing Horse can be refiled. But the order for dismissal won’t take effect immediately, as prosecutors also have the option to ask the high court to reconsider within 25 days.
“The allegations against Chasing Horse are indisputably serious, and we express no opinion about Chasing Horse’s guilt or innocence,” the order says.
Holston declined to comment. District Attorney Steve Wolfson, in a statement Thursday, described the court's decision as “only a minor setback.”
“My office is committed to resurrecting the charges in this case,” Wolfson said, “and we will not rest until we obtain justice on behalf of the victims in this matter.”
Chasing Horse is charged with sexual assault of a minor, kidnapping and child abuse. He has pleaded not guilty.
The 48-year-old has been in custody since his arrest last January near the North Las Vegas home he is said to have shared with five wives. He is unlikely to be released from custody, even after the high court's decision, because he faces charges in at least four other jurisdictions, including U.S. District Court in Nevada and on the Fort Peck Indian Reservation in Montana.
Chasing Horse is best known for portraying Smiles A Lot in the 1990 film “Dances with Wolves.” But in the decades since starring in the Oscar-winning movie, authorities said, he built a reputation as a self-proclaimed medicine man among tribes and traveled around North America to perform healing ceremonies.
He is accused of using that position to gain access to vulnerable girls and women starting in the early 2000s, leading a cult and taking underage wives. Authorities have said one of the wives was offered to Chasing Horse as a “gift” when she was 15, while another “became a wife” after turning 16.
Chasing Horse also is accused of recording sexual assaults and arranging sex with the victims for other men who allegedly paid him.
His legal issues have been unfolding at the same time lawmakers and prosecutors around the U.S. are funneling more resources into cases involving Native women, including human trafficking and murders. Chasing Horse was born on the Rosebud Reservation in South Dakota, which is home to the Sicangu Sioux, one of the seven tribes of the Lakota nation.