United States v. Charles Thomas Haines

Charles Thomas Haines has appealed from a conviction for aggravated assault. On the evening of November 28, 1968, Wilbur Steele and his wife, both Indians, were leaving Mark’s Tavern near Globe, Arizona, in their Mustang automobile when they were approached by a trio of youths in a Camaro “sports” car. Steele, who had been drinking, evidently agreed to race the youths and he proceeded to the specified starting place on the Show Low road. However, an altercation occurred in which one of the boys struck Steele in the face. Steele then drove back to the tavern, followed by the Camaro. While Steele was in the tavern, the youths insulted and threatened Mrs. Steele (“We will kill you both, you Squaw”), broke the radio antenna on the Mustang and later threw a rock through its window. After this second encounter, the Steeles left the tavern and started east onto the reservation. The Camaro gave chase and, after several attempts, forced the Mustang partially off the road. The Mustang came to rest with its front end in the barrow pit at the north side of the road and its rear wheels still on the pavement. The Steeles got out of the car and fled westerly along the road. The Camaro…