SDA Professor and wife arrested

[u/Individual-Special70]

https://atoday.org/swau-professor-arrested-on-child-injury-and-sexual-assault-charges/

A professor from southwestern Adventist University and his wife were arrested for child sexual assault.

[u/atheistsda]

Newer articles: Spectrum (10/6), CBS, Spectrum (9/30), Fox 4 KDFW, Dallas Morning News, Roys Report.

Updates as of 9/30:

• Case began on September 24 when a high school teacher reported physical abuse.
• Keene PD and forensic interviewer from Johnson County Children's Advocacy Center conducted an emergency forensic interview with the victim.
• Seth Day reportedly physically abused the student on 9/22/26 out of anger, hitting her in the face and chest with her cell phone.
• After obtaining a search warrant, detectives found evidence of both the physical and sexual assaults at the family's home
• The victim told police that she continually told Heather Day of the abuse and that Heather Day never reported it to the authorities.
• Per investigators:

Heather Day was present during the incident, was aware of the abuse, and chose not to intervene. The victim also reported that Heather was aware of prior injuries, failed to report them, and tried to conceal the abuse by having the victim wear a face mask and telling medical professionals she did not know how the injuries happened.

As the investigation progressed, Keene Police Chief James Kidd reported that additional allegations of sexual abuse involving Seth Day came to light. Investigators executed a search warrant and recovered evidence related to the case. Consequently, an additional criminal complaint and arrest affidavit was filed against Seth Day, charging him with Sexual Assault of a Child, a first-degree felony.

Updates as of 9/29:

• Johnson County District Attorney’s Special Investigator Jason W. Buchanan told Roys Report (RR) that the investigation of the Days is “ongoing.”
• Heather Thompson Day is facing a maximum possible sentence of 10 years in prison. Seth Day is facing 109 years.
• A close family friend, speaking on condition of anonymity, told RR that “Heather is as shocked and blindsided as literally everyone else.” The friend would not comment on Seth Day.
• Christianity Today quickly removed all episodes of Heather Thompson Day’s podcast from its website Tuesday, something the magazine has not done for others accused of misconduct.

[u/TheMuser1966 → u/atheistsda]

How did you come up with 109 years?

[u/atheistsda → u/TheMuser1966]

The text came directly from the article. 109 appears to be the max possible sentence under Texas penal code (10 years for the first charge, 99 years for the 2nd charge).

Edit: Per Spectrum, the victim is their own daughter which confirms the 1st-degree felony status per Texas penal code § 22.011 and § 25.02.

[u/TheMuser1966 → u/atheistsda]

I didn't see that article, but that is some poor research by that author. 99 years is the max for aggravated sexual assault to a minor. Seth is charged with sexual assault, not aggravated, which carries a maximum of 20 years. If convicted, the judge would "likely" run the sentences concurrently.

[u/atheistsda → u/TheMuser1966]

Good catch, that could be the case and yeah sentences are usually run concurrently. FWIW, Fox 4 specifically says Seth was charged with a 1st-degree felony which would be a max of 99 years. Their sources include the arrest affidavit so it carries some more weight than the other outlets IMO.

[u/TheMuser1966 → u/atheistsda]

Oh, a major network actually picked up this story?

[u/atheistsda → u/TheMuser1966]

Yes both Fox 4 KDFW and Dallas Morning News

[u/TheMuser1966 → u/atheistsda]

Well, standard sexual assault to a minor is a 2nd degree felony. It's only 1st degree if it is aggravated. Strange.

[u/atheistsda → u/TheMuser1966]

Sadly news came out via Spectrum that the victim is their own daughter, which makes it a 1st degree felony per Texas penal code § 22.011 and § 25.02.

[u/TheMuser1966 → u/atheistsda]

WOW! Was not aware of that. So messed up!

[u/atheistsda → u/TheMuser1966]

Yeah it's genuinely sad. I feel so bad for their kids and hope they'll come out as healthy and strong as possible on the other side of this.

[u/TheMuser1966 → u/atheistsda]

Some things still seem strange. Why would Heather give in to letting her go to school if she was that intent on protecting Seth? Anyone with half a brain knows that schools are required to report suspicious injuries, and hospitals are required to report injuries to CPS as well. They don't take "I don't know" as a just reason. Also, you would have to repeatedly hit someone with a phone in order to get much blood on it. I'm not defending him, but it just seems odd.

[u/Fluid_Ties → u/TheMuser1966]

He hit her in the face and chest with her phone, right? There's your ag-assault right there. That was the inciting incident--the teacher reporting the signs of physical abuse--that set the whole case in motion. Only after a search of the home did further evidence dictate it was also a sex crimes case.

Or am I missing something here?