Oregon defensive back Daylen Austin has been indicted for felony hit-and-run in connection with an incident on April 15, where his vehicle allegedly struck and killed a 46-year-old man.
A grand jury in Lane County officially indicted Austin on Thursday for a single charge: failing to fulfill the responsibilities of a driver when another individual is injured, categorized as a Class B felony.
Witnesses, including Eugene police detective Scott Jones, officer Trevor Hart, and Oregon defensive back Solomon Davis, testified before the grand jury, according to court records.
The trial, which was originally scheduled for February 19, will proceed as planned after Lane County Circuit Court Judge Bradley Cascagnette denied an uncontested motion from Austin’s attorney last month that sought the pre-assignment of a judge to the case and/or designation of the matter as complex. If convicted, Austin could face a sentence of 16 to 18 months in prison and three years of probation, given the felony’s classification and his lack of prior criminal history.
Bryan Boender, Austin’s attorney, did not comment on the indictment but revealed that they recently received toxicology or medical examiner reports. Boender indicated that he believes these reports might be beneficial to Austin, citing that police reports indicated the deceased had amphetamine and methamphetamine in his system at the time of death.
Austin publicly addressed the incident for the first time on December 30, mentioning that it is “still in the back of my head at all times,” but refrained from going into further detail.
He is accused of fatally striking Frank William Seaman, identified by police as homeless, at the intersection of West Fourth Avenue and Polk Street.
In May, The Oregonian/OregonLive reported on surveillance footage from the night of the incident, showing a man resembling Seaman throwing a baseball-sized object at a white SUV similar to Austin’s vehicle about 15 minutes before the collision. According to law enforcement documents obtained by The Oregonian/OregonLive, a hammer was found on the street near Seaman when police arrived, along with a blue grocery bag containing additional hand tools. One police account stated that Austin claimed he was “being menaced with a hammer” by Seaman, who allegedly jumped in front of his SUV.
Boender and Lane County Deputy District Attorney Nicholas Geil were unable to reach a settlement during a July conference, leading to the trial being set.
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