Navajo Man Arraigned on Assault Charges

Earlier today, Kinslen Smith, 45, of Tseyahtah, New Mexico, in the Navajo Nation, was arraigned before United States Magistrate Judge Scott Robert Hayes Scott on a federal indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the indictment, which was filed on November 10, 2010, the charges against Smith stem from an October 15, 2010 incident during which Smith assaulted his sister, Teresa Smith, with steel-toed boots and a reclining chair.

According to a criminal complaint filed on October 26, 2010, Smith assaulted Teresa Smith in the family hogan after she complained about the failure of Smith’s girlfriend to assist with household chores. The complaint alleges that Smith grabbed Teresa Smith by the throat and threw her onto the floor, and then kicked her in the face, head and torso with his steel-toed boots. Smith then choked Teresa Smith, threatened to kill her, and broke a wooden reclining chair over her head as she attempted to crawl away. Teresa Smith subsequently received medical attention at Rehoboth McKinley County Hospital where she was diagnosed with torn ear cartilage, petechia, and severe bruising on her face, torso, arms, and legs.

United States Attorney Kenneth J. Gonzales said that Smith has been in federal custody since his arrest on October 26, 2010 and will remain in custody pending trial. If convicted of either assault charge, Smith faces up to ten years’ imprisonment, a maximum $250,000 fine, and up to three years' supervised release.

The case was investigated by the Federal Bureau of Investigation and the Navajo Nation Department of Public Safety and is being prosecuted by Assistant United States Attorney Shana B. Pennington.