LAS VEGAS (KTNV) — Attorneys for Nathan Chasing Horse are asking the Nevada Supreme Court to dismiss all charges against him.
The former "Dances With Wolves" actor is facing 18 felonies, including sexual assault of a minor, kidnapping, lewdness and child abuse, after two women came forward accusing him of using his status as a medicine man and father figure to take advantage and sexually assault them.
According to court documents filed on Tuesday, attorneys for Chasing Horse argue in part that while a woman testified she didn't want to engage in sexual acts with him, she "did not testify that she told Nathan no." His attorneys add the woman didn't testify that "Nathan used force nor that Nathan made any threats to her."
Chasing Horse's attorneys said prosecutors provided information about "grooming" but that it's not an element of sexual assault, the court documents continued.
"While evidence of grooming may be relevant to the issue of consent, no witness testified at the grand jury regarding grooming," the documents read. "Therefore, the State presented no relevant, admissible evidence that grooming may have occurred in Nathan's case."
Chasing Horse's attorneys argued that by providing "improper grooming instruction," it ended up being prejudicial and led to the grand jury filing numerous sexual assault charges.
The appeal states one of the women was interviewed by the Bureau of Indian Affairs on June 21, 2022 where she discussed her relationship with Chasing Horse. The court documents state she believed she was falling in love with him and at one point confronted him saying "either you let me move in or I am walking out." Attorneys add these statements are not inconsistent with her grand jury testimony.
Chasing Horse's attorneys said that interview was recorded but hasn't been transcribed and was not made part of the record in district court but can be provided to the court upon request.
A drug trafficking charge was dismissed in April.
Chasing Horse was originally set to stand trial on May 1.
However, a stay was issued in the case due to the state Supreme Court appeal.
