Oregon’s defensive backFor his alleged involvement in an April 15 incident in which police claim his vehicle struck and killed a 46-year-old man, Daylen Austin was charged with felony hit-and-run.
Austin was detained and charged with one crime, failing to perform the duties of a driver when another person is hurt, a Class B felony. On Thursday, a Lane County grand jury formally indicted Austin on that accusation.
According to court filings, witnesses who appeared before the grand jury included Oregon defensive back Solomon Davis, Eugene police detective Scott Jones, and officer Trevor Hart.
The trial, which was originally planned for February 19, is still going forward after Lane County Circuit Court Judge Bradley Cascagnette rejected an unopposed motion submitted by Austin’s lawyer last month asking for the case to be classified as complex or for a trial judge to be pre-assigned to it. According to Oregon sentencing recommendations, Austin would receive a sentence of 16–18 months in prison and three years of probation if found guilty, given the nature of the offense and his clean record.
Austin’s lawyer, Bryan Boender, said the defense recently received the toxicology or medical examiner’s findings but declined to comment on the indictment. Boender said in his motion last month that he thought Austin would benefit from those reports because police files show the deceased had both amphetamine and methamphetamine in his system when he passed away.
Austin stated it was always in the back of my mind when he spoke in public for the first time since the April event on December 30. However, he declined to elaborate on the situation.
He is charged with killing Frank William Seaman, who was recognized by the police as homeless, close to the intersection of Polk Street and West Fourth Avenue.
The Oregonian/OregonLive examined surveillance camera footage from the night of the incident in May. It indicated that 15 minutes before to their tragic meeting, a guy who suited Seaman’s description threw a baseball-sized item at a white SUV that matched Austin’s car description. According to police documents obtained by The Oregonian/OregonLive, when police arrived on the scene, they discovered a hammer on the street close to Seaman. They also discovered a blue grocery bag containing other hand tools. According to one law enforcement account, Austin told police that Seaman was threatening him with a hammer after he allegedly jumped in front of his SUV.
After a settlement conference in July, Boender and Nicholas Geil, the Deputy District Attorney for Lane County, were unable to come to an agreement and decided to go to trial.
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