A judge ruled Tuesday that a case against a Mt. Vernon man, charged with forcible rape and kidnapping, will move forward after his defense attorney argued to dismiss.

Brogan McKrola, 22, is accused of rape, sodomy and sexual abuse — all by forcible compulsion — as well as kidnapping, strangulation and furnishing alcohol to a minor, according to a Jan. 7 indictment in Grant County Circuit Court.

McKrola’s defense attorney, Kati Dunn, filed a demurrer Jan. 15, seeking to dismiss the charges. At the hearing Tuesday, she argued the state did not provide the grand jury with the correct law language under the current sodomy statute, which the state recently changed.

Baker County Circuit Court Judge Matt Shirtcliff, who heard the motion, denied the demurrer but ordered the state to file a new arraignment and amend the indictment.

McKrola’s attorney also asked Shirtclifft to reduce McKrola’s bail from $330,000 to $50,000. Shirtcliff said he wanted to read over a memorandum filed by Dunn before making a ruling on the request.

Carpenter, according to the motion, objects to McKrola’s release.

In a Dec. 23 press release, Carpenter said the charges stem from events at a party in the 400 block of Southwest Brent Street in John Day, Dec. 19, involving numerous minors and alcohol.