The Nevada Supreme Court has ordered the dismissal of a mass sexual assault charge against Nathan Chasing Horse, while potentially re-indicting the charge in a case that shocked communities across Indian Country and led to more criminal charges in the U.S. and Canada. was left open.
The seven-judge full court’s decision, announced Thursday, overturns previous rulings upholding the charges by a three-judge panel of the high court and a state judge. Progress in the 18-count criminal case has been stalled for more than a year, with the former ‘Dances with Wolves’ actor challenging the case.
Kristy Holston, a public defender representing Chasing Horse, argued that some of the evidence presented to the grand jury tainted the state’s case, including an inadequate definition of grooming presented without expert testimony. Holston said prosecutors failed to provide the grand jury with exculpatory evidence, including inconsistent statements from one of the victims.
Las Vegas Metropolitan Police Department via AP
The high court also agreed.
“The combination of these two clear errors undermines our confidence in the grand jury process and causes intolerable harm to its independent functioning,” the court said in a scathing order.
Holston declined further comment. Prosecutor Stacey Collins did not immediately respond to an email seeking comment.
The ruling directs the judge overseeing the case in Clark County District Court to dismiss the charges without prejudice, meaning the charges can be refiled.
“The charges against Chasing Horse are undoubtedly serious and we express no opinion as to the guilt or innocence of Chasing Horse,” the order said.
Chasing Horse’s attorney also argued that the case should be dismissed because the sexual encounter was consensual. One of his accusers was under the age of 16 in Nevada, the age of consent in Nevada, when the alleged abuse began, authorities said.
The 48-year-old has been in custody since his arrest in January near the North Las Vegas home he allegedly shared with his five wives. Inside the home, police found firearms, marijuana, 41 pounds of psilocybin mushrooms, and a memory card containing a video of the sexual assault. Previously reported by CBS News. Police said at least two of the women were minors when he married them, one 15-year-old and the other 16-years-old.
Ty O’Neill/AP
Chasing Horse is best known for playing Smiles A Lot in the 1990 film “Dances with Wolves.” But authorities say that in the decades since starring in the Oscar-winning film, he developed a reputation as a self-proclaimed shaman among tribes and traveled across North America performing healing rituals. The arrest warrant says he is believed to be the leader of a cult called The Circle, whose followers believe they can communicate with a higher power, CBS News reported.
He has been accused of using his position to gain access to vulnerable girls and women since the early 2000s.
He also faces criminal sexual abuse charges in at least four other jurisdictions, including the U.S. District Court in Nevada and the Fort Perk Indian Reservation in Montana.
Tribal leaders decided to ban him from their Montana reservation in 2015, citing allegations of human trafficking, drug dealing, spiritual abuse and threats against tribal members.
Las Vegas police arrested Chasing Horse in January 2023. The arrest helped law enforcement agencies in both countries corroborate long-standing claims against the former actor. The Canadian Broadcasting Corporation reports that police in southern Alberta are investigating links to his past sexual assaults.
