A judge on Tuesday, Aug. 5, denied a motion to dismiss a felony charge filed against an Oregon Ducks football player who prosecutors say left the scene after the vehicle he was driving fatally struck a pedestrian in Eugene.

Daylen Austin, 20, has pleaded not guilty to a charge of failing to perform the duties of a driver to an injured person. The maximum sentence for the Class B felony is 10 years in prison, though the actual sentence depends greatly on a person’s criminal conviction history.

Prosecutors say Austin was driving at about 9:10 p.m. on April 15 when he struck and killed 46-year-old Frank William Seaman at West Fourth Avenue and Polk Street.

In a motion filed by Austin’s attorney, the pedestrian has been described as brandishing a hammer, threatening to kill Austin and jumping in front of the vehicle driven by Austin.

Austin’s trial is scheduled for Aug. 14 in Lane County Circuit Court.

A motion to dismiss the charge filed in May by attorney Bryan Boender argued that police testimony before a grand jury inaccurately implied that Austin may have been under the influence. The motion for dismissal said that the results of a report analyzing Austin’s blood showed that no intoxicants were found.

That motion also stated that testimony about Austin was a “blatant invocation of racist stereotypes and innuendo in a case where a Black teenager was under investigation,” citing a presentation of Snapchat messages that included a photo showing a hand making “symbols.” 

“The detective’s obvious and highly inappropriate suggestion was that Mr. Austin was using a gang sign,” the motion stated, with a footnote in the motion stating that it was a reference to Arizona State University football’s “forks up” sign. Grand jurors never heard that explanation, the motion stated.

Lane County Circuit Judge Stephen Morgan in his order Tuesday said that under Oregon law, grand jury transcripts may not be used to challenge an indictment. The transcripts “shall not be considered by this Court in ruling on Defendant’s Motion,” Morgan wrote.

The motion seeking dismissal also argued that prosecutors wrongly failed to present evidence that Austin’s blood analysis showed no intoxicants, but Morgan again cited Oregon law in his order.

“There is no statutory requirement for the state to present exculpatory evidence to the grand jury,” Morgan wrote.

Austin is a defensive back for the Ducks and played in all 14 games last season. He has been practicing with the team ahead of the upcoming season, according to published reports.

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