Judge mulling dismissing indictment of Oregon defensive back Daylen Austin in alleged felony hit-and-run

EUGENE — A Lane County judge could rule whether to dismiss the indictment against Oregon defensive back

Daylen Austin

as soon as next week.

Lane County Circuit Court judge Stephen Morgan heard argument from Austin’s attorney, Bryan Boender, Tuesday morning regarding his

motion to dismiss the indictment

with prejudice due to what he’s called “severe prosecutorial misconduct” during grand jury testimony. Boender is alleging the state violated due process in four ways during the grand jury.

Austin, 20,

pleaded not guilty in February

for failing to perform the duties of a driver when another person is injured, a Class B felony, for fatally striking Frank William Seaman with his SUV on April 15, 2024. Trial remains scheduled for Aug. 14.

Morgan denied Boender’s motion for an evidentiary hearing and after hearing Boender’s argument for dismissal, asked whether the state could simply take the case back to grand jury again if he were to grant the dismissal. Boender replied that a dismissal, even with prejudice, may allow for that possibility, though it may not be most appropriate.

“If the state could go back to grand jury, having done this the first time, I think perhaps a grand jury process would not be fundamentally fair and perhaps a contested preliminary hearing — an adversarial process — would be the best procedural safeguard to provide that this doesn’t happen again,” Boender said.

Lane County Deputy District Attorney Nicholas Geil referred Morgan to the state’s response to the motion to dismiss, which is not publicly available.

The sides each have a week to file any additional declarations in the case.

—


James Crepea


covers the


Oregon Ducks


and Big Ten.

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