Criminal complaint against Day turned over to grand jury
PIKEVILLE - The federal criminal complaint that alleged a key witness in the ongoing vote-buying case was threatened will now be turned over to the grand jury for consideration.
Greg Motley, an investigative manager with the Kentucky Attorney General's Office, Special Investigations/Public Integrity Section, filed a complaint on Thursday, June 2 in United States District Court, alleging that on May 28 in Magoffin County Chris Day retaliated against a witness to a federal offense.
In Motley's affidavit filed with the case, he explained that he has been working a federal criminal case in conjunction with the FBI involving vote buying in Magoffin County.
Motley stated that Jamie Gibson, one of the primary witnesses against Gary “Rooster” Risner, has made and delivered to law enforcement a video tape of him accepting money from Risner for his vote.
On May 28, Motley said in his affidavit he received a call from Gibson, who reported that he had been threatened by Chris Day in Magoffin County that day.
“The threat was to the effect that Day would cut Gibson's guts out for 'ratting out' Rooster Risner,” Motley stated.
In the preliminary hearing on Friday, June 10, United States Magistrate Judge Edward B. Atkins agreed to a protective order, governing the defense counsel's handling of witness statements provided by the United States as part of pretrial discovery.
Judge Atkins also stated that the Court finds probable cause to believe that the offenses alleged in the complaint were committed and probable cause that Day could have committed the offenses, bounding the matter over to the grand jury for further proceedings.
If found guilty of retaliating against a witness, Day could face fines and/or up to 20 years imprisonment, per 18 U.S. Code 1513 (b) (2).
Editor's Note: The indictment or charge of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.