Rights unclear to Ute, lawyer argues

Defense attorneys say a Ute man, accused of fatally shooting a woman during a domestic argument, did not understand his Miranda rights when he was questioned by police.

Caught between the worlds of the Ute and English language, attorneys for Nathan Dutchie on Tuesday argued to a federal judge that Dutchie did not understand key words in the Miranda warning and did not understand that he had a right to an attorney when he talked to police about the Aug. 12, 2007, shooting.

According to a federal indictment, Dutchie called 911 and said he had shot and killed Jennifer Cantsee. Tribal agents arrived at the home to find Cantsee dead and face down in a pool of blood in a carport.

Initially Dutchie told officers she had killed herself, but during questioning a day later he admitted he had shot her. Police found a stainless steel five-shot Smith & Wesson revolver that had been stashed behind a couch in the house's living room. Officers also collected ammunition in Dutchie's bedroom, along with four other firearms, documents state.

During questioning, Dutchie said he and Cantsee were arguing about her kids when he confronted her in the carport with the revolver.

When she dared him to shoot her, Dutchie said he pulled the trigger but said that he didn't know the gun was loaded. That statement contradicts a police report that showed the gun's trigger had been pulled twice.

In court Tuesday defense attorneys called linguist expert William Eggington to the stand to testify that because Dutchie was raised in a home where Ute and English were interchanged frequently, he did not understand some English words contained in the Miranda warning.

Eggington said it takes an 11th-grade reading level in order to understand everything in a Miranda warning and added he did not feel Dutchie had that ability. He also felt Dutchie did not understand what role an attorney plays in the criminal justice system.

Dutchie is seeking to quash his conversation with police the day after the shooting.

However, prosecutors pointed out that Dutchie's criminal record showed that he had been arrested 13 other times and that there were indications that he had faced trial at least twice, once in a DUI case. Dutchie says he has never been put on trial.

While Dutchie seems to have trouble understanding some English words, Eggington did note he had a level of proficiency with "street language" which could also further confuse his understanding.

U.S. District Judge Tena Campbell is expected to rule on whether Dutchie's conversation with tribal police will be allowed in at trial.

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