EUGENE — Oregon defensive back Daylen Austin ‘s attorney is claiming “severe prosecutorial misconduct” occurred during grand jury testimony and has filed a motion to dismiss the indictment against him for an alleged felony hit and run that left a man dead.

Bryan Boender, Austin’s attorney, is claiming prosecutorial misconduct “and other constitutional violations” took place during grand jury testimony in January. A hearing on the matter is scheduled for Tuesday in Lane County Circuit Court.

Austin, 20, pleaded not guilty when he was arraigned 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, but Boender claims prosec

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