In the first instance since the U.S. Supreme Court decision mandating tribal or federal authority over crimes in Indian Country where the accused is a Native American, Solomon Lamont Horsechief, 34, of Muskogee is charged in federal court with raping a 14-year-old girl after allegedly lacing a marijuana blunt with a substance that helped him overcome her resistance, according to documents filed with the case.
Horsechief is a member of the Cherokee Nation, and the alleged rape occurred on 12th Street in Muskogee, which is inside the boundaries of the Creek Nation reservation.
According to an investigation by the FBI, Horsechief is alleged to have provided two underage girls with blunts, one of which he smoked with them, the other he did not smoke, the girls told investigators. After smoking the second blunt, the girls said they don’t remember much, except that the victim ended up in the back seat of the pickup with Horsechief, whose pants were down, and the girl was in her bra and panties with her panties pulled to the side. The girl who remained in the front of the pickup remembered the victim telling Horsechief to stop and “no.”
Horsechief later told FBI investigators that he had sex with the girl, but that it was consensual. Since she is under 18, it is not legally possible for her to engage in consensual sex with an adult. Horsechief allegedly also told investigators that “if” the girl said “no,” he stopped.
The victim told investigators that she has known Horsechief for awhile, and that he was aware she is 14. The other girl also remembers informing Horsechief that the girl is 14. A physical examination of the girl showed signs of trauma consistent with rape, an affidavit states. She also complained of pain in her lower abdomen.
The alleged rape occurred on March 27 and the case was transferred to federal court because of Horsechief’s Indian status.