QuickTake:

Daylen Austin, a Ducks defensive back, has pleaded not guilty to a charge that he left the scene after the vehicle he was driving fatally struck a pedestrian.

A member of the University of Oregon football team who prosecutors say left the scene after the vehicle he was driving fatally struck a pedestrian will have his trial delayed pending a petition submitted to the Oregon Supreme Court.

Daylen Austin, 20, has pleaded not guilty to a charge of failing to perform the duties of a driver to an injured person.

Supreme Court Chief Justice Meagan A. Flynn granted a stay Friday, Aug. 8, in trial court proceedings.

Austin’s trial had been set to begin Thursday, Aug. 14, in Lane County Circuit Court but that’s now delayed pending a final decision by the Supreme Court on a petition arguing that “prosecutorial misconduct” violated Austin’s state and federal constitutional rights.

Flynn’s order gave no date or deadline for a Supreme Court ruling on the petition.

Lane County Circuit Judge Stephen Morgan last week denied a motion seeking to have the charge dismissed, saying that under Oregon law, grand jury transcripts may not be used to challenge an indictment. The petition now before the Oregon Supreme Court argues that Austin’s constitutional rights “override the statutory limitation on the use of the transcript.” 

The petition states that the person killed, 46-year-old Frank William Seaman, “jumped in front of” Austin’s vehicle. The collision took place in April 2024, at West Fourth Avenue and Polk Street in Eugene. Austin is a defensive back on the Ducks football team.