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Criminal charges dropped against suspended Marion Co. judge

The trial was scheduled to begin as early as Wednesday morning, but prosecutors said a key witness decided not to take the stand.

The state of Oregon is dismissing criminal charges against suspended Marion County Judge Vance Day due to the absence of a key witness on the eve of his trial.

And since the statute of limitations has expired on the felony firearms charges against Day, prosecutors cannot refile the case, according to an order filed in Marion County Circuit Court Monday.

Jury selection was already underway in the trial, and opening statements were scheduled for Wednesday.

Having already been suspended by the Oregon Supreme Court for ethics violations and under investigation by the Oregon State Bar, Day was facing a criminal trial focusing solely on gun charges stemming from his out-of-court conduct with Brian Shehan, a former Navy SEAL who participated in the Veterans Treatment Court that Day presided over.

Day faced two counts of illegal possession of a firearm and two counts of first-degree official misconduct for allegedly allowing Shehan to handle some of his family's firearms.

According to court records, Day met with Shehan, a felon, multiple times out of court and let him possess a firearm twice. Shehan's felony DUI was later reduced to a misdemeanor.

More: Supreme Court gives Vance Day 3-year suspension for misconduct

A statement from Judge Day's lawyers said he was looking forward to finally receiving a transparent and public airing of the facts, and they believe he would have been acquitted on all charges.

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