Navajo Man Receives 46-Month Prison Sentence for Federal Assault Conviction

ALBUQUERQUE—This morning in federal court in Albuquerque, Kinslen Smith, 45, of Tseyahtah, New Mexico in the Navajo Nation, was sentenced to a 46-month term of imprisonment to be followed by three years of supervised release for his conviction on an assault with a dangerous weapon charge. United States Attorney Kenneth J. Gonzales said that Smith’s conviction was based on an October 15, 2010 incident during which Smith assaulted his sister with steel-toed boots and a reclining chair.

According to a criminal complaint filed on October 26, 2010, Smith assaulted his sister in the family hogan after she complained about the failure of Smith’s girlfriend to assist with household chores. Smith grabbed his sister 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 his sister, threatened to kill her, and broke a wooden reclining chair over her head as she attempted to crawl away. The sister 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.

On January 11, 2011, Smith entered a guilty plea to count one of a two-count indictment charging him with (1) assault with a dangerous weapon and (2) assault resulting in serious bodily injury under a plea agreement with the United States Attorney’s Office. Count two of the indictment was dismissed at the conclusion of Smith’s sentencing hearing.

In his plea agreement, Smith admitted that he assaulted his sister with steel-toed boots and a reclining wood chair, both of which were dangerous weapons. Smith also admitted that his assault on his sister was unjustified and inexcusable and that he assaulted her with the intention of causing her injury. Smith and his sister are both enrolled members of the Navajo Nation.

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