[3][4] Under the surname Wanrow, she is known for her 1970s murder trial with the State of Washington, which initiated proceedings against her after she shot and killed a White man who was allegedly attempting to rape her toddler son on August 11, 1972.
Her case eventually reached the Washington Supreme Court, where its outcome had far-reaching effects on women's self-defense and the law, and the manner in which juries interpret the behavior of a defendant, the legality of recorded conversations, and considerations for victims of sexual assault.
[4][8] In 1962, after graduating from Colville High School,[4][8] Swan married and had a son and a daughter named Darren and Julie, respectively.
Following her divorce, she applied to the Bureau of Indian Affairs (BIA) for a grant to study fashion design in San Francisco.
Swan then attempted to reconcile with her ex-husband and moved with him and their son to Portland, Oregon, where they had a daughter named Yvette.
In the summer of 1971, Swan settled in Spokane, intending to complete the arts degree that she had started after graduating from design school.
In August 1972, while at the home of a friend in Spokane, Swan shot two unwanted visitors, killing one man and injuring the other, in what she claimed was self-defense.
[8][9] That day, Swan's son ran home and complained to Hooper that her next door neighbor, William Wesler, had grabbed him, but he had managed to break free.
[8][9] Some time after 6 pm, Hooper called Swan in a panic, told her about the altercation and the daughter's identification of Wesler as the attacker, and asked her to bring her gun.
Swan arrived at Hooper's place, where the landlord informed the two mothers that Wesler had attempted to molest the young boy of a previous tenant at the same residence, and that it was rumored that he had been committed to a mental institute.
Swan's three-year-old nephew awoke and began crying, prompting Wesler, who had by this time entered the home, to state, "My, what a cute little boy".
[8][additional citation(s) needed] Unable to convince her public defenders to fight for her, Swan initially pleaded guilty.
This argument relied on ethnic stereotypes the jury would have been familiar with from the media, and the verdict may have been influenced by militant actions by the American Indian Movement (AIM), which was covered in a negative light in Spokane.
They found that: In 1976, the prosecutors in the case, Donald Brockett and Fred Caruso, petitioned the Washington Supreme Court against the ruling, but it was upheld in 1977.
During the Supreme Court appeal, Swan was represented by attorneys Elizabeth M. Schneider and Nancy Stearns, of New York's Center for Constitutional Rights (CCR).
In lieu of one-year jail time, he ordered 2,000 hours of community service, which she served by counseling alcoholics and teaching culture to Indian students on her home reservation.
During the sentencing, Clark commented that Swan had clearly "turned her life around" and that prison or jail time would serve no purpose and "could only be termed retribution."
"[11] The ruling was the first in America recognizing the particular legal problems of women who defend themselves or their children from male attackers, and was again affirmed by the Washington Supreme Court in denying the prosecutor's petition for rehearing in 1979.
"[13][note 1] Over the course of her State v. Wanrow years, Swan became an active speaker for the women's movement, which raised funds on her behalf.
[citation needed] Swan stated, "The trial would not have taken place had I been an affluent white woman who killed an American Indian.
In the end, while highway construction was not halted in court, the site was given an "archeological" designation, the road diverted around it, and the unearthed remains returned for reburial.
[14] In October, 2020, at age 76, Swan took part in a demonstration in support of Sinixt aboriginal land rights in British Columbia, Canada.
The group, comprising mostly Confederated Tribe of the Colville Reservation members, including Swan and other Sinixt descendants, gathered at the Washington border, overlooking the crossing into BC.
Swan said her participation remembered her Sinixt heritage, and was part of the larger struggle to restore native homelands.