EUGENE — A trial has been scheduled for mid-February in the felony case against Oregon defensive back Daylen Austin, whose attorney claims he “did nothing wrong” and requested for the charge to be dismissed.

Lane County Circuit Court Judge Clara Rigmaiden presided over a settlement conference between Lane County Deputy District Attorney Nicholas Geil and Bryan Boender, Austin’s attorney, Thursday afternoon. The sides could not reach a settlement in the case, in which Austin is accused of failing to perform the duties of a driver when another person is injured, a Class B felony, and set trial for Feb. 19, 2025.

Geil would not elaborate on the specifics of what was discussed during the 35-minute conference. He also would provide any details as to evidence the state has been able to gather since the April 15 incident in which Frank William Seaman, 46, was struck and killed by Austin near the intersection of West Fourth Avenue and Polk Street.

Boender said it “would not be appropriate to discuss specifics of ongoing negotiations,” but stated he asked the district attorney’s office to dismiss the charge against Austin, 19.

“Daylen Austin acted reasonably under the circumstances,” Boender said. “Why won’t the Lane County District Attorney dismiss this case? We asked the Lane County District Attorney’s office to dismiss Mr. Austin’s case today based on the fact that Mr. Austin left the scene of an automobile collision after his life was threatened by a deranged, violent felon brandishing a hammer and threatening to kill him.

“Oregon law allows a defense to leaving the scene of an accident when it’s too dangerous to stay. Why is the Lane County District Attorney’s office treating Daylen Austin differently than Oregon law allows? What’s different about Daylen Austin? The state charged Daylen Austin with failure to perform the duties of a driver when serious injury or death occurs. In other words, he did not immediately stop after the crash. But since 1972 Oregon law allows a defense to leaving the scene of an accident when it’s too dangerous to stick around. Mr. Austin is not charged with anything other than leaving the scene of an accident. In fact, the state’s own toxicology that they discovered to the defense proves Mr. Austin had no alcohol or controlled substances in his system. Period.”

In May, The Oregonian/OregonLive viewed surveillance camera footage from the night of the incident that showed a man fitting the description of Seaman throw a baseball-sized object at a white SUV matching the description of Austin’s vehicle 15 minutes before their fatal encounter. Law enforcement documents obtained by The Oregonian/OregonLive state a hammer was found on the street near Seaman when police arrived at the scene, where a blue grocery bag was found with other hand tools inside, and one account from law enforcement said Austin told police he was “being menaced with a hammer” by Seaman, who he claimed jumped in front of his SUV.

“The facts have only corroborated what Mr. Austin said at the scene that night; it hasn’t changed,” Boender said. “The fact is a violent felon, senselessly and completely unprovoked, threw a large object at Mr. Austin, who was minding his own business driving past. Like many reasonable people, Mr. Austin turned around to find out who threw something at his car.

“The fact is Mr. Austin was then threatened by a deranged man with a hammer. The fact is that hammer was found at the scene. Who wouldn’t leave the scene? Why would anybody stay at a scene after they’ve been threatened by a man with a hammer? Why does the district attorney’s office expect Daylen Austin to stay at the scene? Why would the district attorney’s office expect anybody in Lane County to stay at the scene when they’re being threatened by a man with hammer?”

Seaman, whom police identified as homeless, had multiple convictions for driving under the influence of intoxicants and was convicted of first-degree burglary in 2010 and pleaded guilty to stealing from a Lincoln County liquor store, Safeway and Walmart in 2022 and sentenced to five years of probation. His criminal history dates back to 1995 and includes more than 30 cases in seven different counties across the state, as well as 47 charges in Eugene since December 2019, according to state and municipal court records.

Based on the classification of the felony and Austin’s lack of any criminal history, if he were convicted at trial, Oregon sentencing guidelines call for 16-18 months in prison and three years probation. However, probation alone is also possible and so too is judicial discretion to categorize the offense as a Class A misdemeanor, according to Boender, with the maximum sentence of a year in jail and $6,250 fine.

Austin attended Thursday’s hearing along with his parents, Al and Daysha, and brother, Alex, formerly of Oregon State and currently a defensive back with the New England Patriots.

It’s not immediately clear whether Austin, who redshirted as a true freshman last season, is able to play for Oregon this fall while facing a pending felony charge and trial. He did not participate in any of seven on-field practices in April following his arrest but has since been working out with the team this summer.

A UO athletic department spokesperson did not immediately respond to a request for comment.