LAS VEGAS (KTNV) — The Nevada Supreme Court has set a date to consider the case against Nathan Chasing Horse.
On November 15th, the state’s high court will hear oral arguments as to whether Chasing Horse’s case should be dismissed.
The former actor and accused cult leader faces several felony charges, including sexual assault and kidnapping. Chasing Horse is accused of using his tribal status as a "medicine man" to sexually assault several women, including minors.
In February, a grand jury indicted 47-year-old Chasing Horse on 19 felony charges. A Las Vegas judge later dismissed a drug trafficking charge.
In May, his defense team petitioned the Nevada Supreme Court asking to dismiss the case, citing constitutional error by the Eighth Judicial District Court.
According to the petition, the defense argues there is a lack of evidence to prove Chasing Horse’s sexual encounters with the women were not consensual. They argue evidence gathered by the state proving otherwise was either illegally obtained or was not disclosed as required.
They also argue some of the alleged crimes occurred outside Nevada’s jurisdiction.
“The Nevada Supreme Court is always reluctant to get involved in cases until after a conviction,” said Former Clark County District Attorney David Roger. “The chances of this case getting tossed out at this stage of the proceedings is slim to none.”
MORE: New court documents reveal extent of Nathan Chasing Horse's alleged abuse
Roger said it is rare for the state’s high court to get involved in a case before conviction because it could delay the district court hearings.
“If everybody had the opportunity to stop the proceedings, to take it to the Nevada Supreme Court, the criminal justice system would come to a grinding halt,” said Roger.
In June, the state filed a reply to the Chasing Horse petition defending the validity of the evidence that proves the alleged victims didn’t willingly consent to sexual acts, especially since one of them was only 14 years old.
The state also argues Chasing Horse "hatched his scheme" in Nevada to take at least one alleged victim out of state for sexual purposes. According to Nevada law, if a crime begins in Nevada but ends in a different state, it can still be prosecuted in the state of Nevada.
As for now, Roger expects it is unlikely the Nevada Supreme Court will dismiss the case, and he expects Chasing Horse will head to trial in district court.
Chasing Horse is scheduled for a status check in district court on October 30.
