A Marion County grand jury has indicted Judge Vance Day on two felony gun violations and two counts of first-degree official misconduct.
Day, who already has hearings scheduled with the Oregon Supreme Court regarding his judicial fitness, appeared in Marion County Circuit Court on Thursday.
The charges stem from Day's out-of-court conduct with Brian Shehan, a Navy SEAL participant in the Veteran's Treatment Court that Day presided over.
Day is accused of allowing Shehan, a convicted felon, to possess and control a gun two times, once in 2013 and once in 2014.
Because he allegedly facilitated Shehan's handling of the gun, Day was indicted on two counts of illegal possession of a firearm by a felon, a Class C felony.
According to an indictment filed in Marion County, these two episodes constituted an unauthorized exercise of his official duties with the intent to obtain a benefit.
Several people, including Marion County Circuit Court Judge Jamese Rhoades and Day's family members, appeared as witnesses before the grand jury.
Reached by phone, Patrick Korten, a friend and former paid spokesman for Day, described the indictment as "a terrible miscarriage of justice."
"It is a case of the Oregon Democratic liberal establishment trying to track him down, run him down and destroy him and his career. It’s just appalling," he said.
Day was released after he appeared for arraignment at 1:30 p.m. before Marion County Judge Fred Avera. As part of his release agreement, he was ordered to have no contact with Shehan.
