United States v. Sammy Becenti Chee

Chee and one George Roanhorse were charged with assault with a deadly weapon in violation of 18 U.S.C. § 1153 and Ariz.RS § 13-249, subsec. A and assault with intent to commit rape in violation of 18 U.S.C. § 1153 and Ariz.RS § 13-252. In a separate trial Chee was acquitted of the first charge and found guilty of the second charge. He appeals.

At the trial the victim testified that she attended a Squaw Dance on July 31, 1967 at Klageto, Arizona and that she was attacked there by Roanhorse and Chee. She testified that she had been forced to leave her wagon and to accompany her aunt and uncle. Her aunt and uncle began to argue and she feared her uncle would strike her aunt. She attempted to intercede and her uncle struck her in the stomach. The aunt and uncle then wandered away leaving her alone. After a while, she decided to return to the wagon. On her way back she saw Roanhorse, whom she knew, noticed he had been drinking and ran from him. As she ran, Chee appeared in front of her and grabbed her and held her until Roanhorse caught up with them. Roanhorse reviled her for marrying a white man and said “we are going to rape you.” Chee was holding her at the time. The two men then…