High court refuses to drop charges against accused cult leader

The Nevada Supreme Court has rejected a bid to dismiss charges against an alleged cult leader accused of preying on the Native American community and sexually assaulting two women.

Justices Patricia Lee and Ron Parraguirre issued an order on Thursday denying Nathan Chasing Horse’s petition to dismiss an indictment charging him with six counts of sexual assault, 10 counts of sexual assault against a minor, kidnapping of a minor and lewdness. The justices declined to rule on the merits of the petition’s arguments, instead deciding not to exercise their jurisdiction over the matter.

“We are not satisfied that petitioner has demonstrated that entertaining the writ is warranted,” the justices wrote in Thursday’s two-page order.

Justice Douglas Herndon dissented from the opinion, writing that he would chose to rule on the merits of the petition.

The Supreme Court heard oral arguments for the petition last month, when Chief Deputy Public Defender Kristy Holston argued that the indictment should be dismissed because prosecutors failed to present exculpatory evidence and improperly gave instructions to a grand jury.

Holston had argued that prosecutors presented an instruction to the grand jury that included the definition of grooming, although prior cases called for expert testimony to define the term. She said the instruction was “prejudicial” and led to the jury finding probable cause for Chasing Horse to be indicted.

During the hearing, Herndon said that he felt it was “indefensible” that the instruction was given.

Chasing Horse was arrested Jan. 31 after law enforcement raided his North Las Vegas home where he lived with up to six women he viewed as wives. Two women in Clark County told police they met Chasing Horse as girls at Native American ceremonies and that they were raped by him when they were teenagers.

One of the women said had lived with Chasing Horse as his wife and that he first assaulted her when she was 14. She said Chasing Horse groomed her and told her she had to have sex with him so that he could heal her mother’s cancer.

Chasing Horse, who is also known for playing Smiles a Lot in the 1990 Kevin Costner film “Dances With Wolves,” is accused of committing crimes across the United States and Canada while operating a cult known as The Circle.

Chief Deputy District Attorney William Rowles argued last month that the issues being raised by Chasing Horse’s defense should be decided by a jury.

Chasing Horse also faces federal charges of sexual exploitation of children and possession of child pornography. Warrants charging him with sexual assault were issued earlier this year by the Fort Peck Indian Reservation in Montana and by Canadian authorities.

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.