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In Oregon, there are two levels of Failure to Perform the Duties of a Driver, also known as hit and run. The first, which is a misdemeanor, is when property is damaged. The second, which is a felony and what Daylen has been charged with, is when the result of a collision results in either injury or death and the driver doesn’t remain at the scene and/or report what happened. So basically, it looks like they know daylen hit the guy, but if they haven’t charged him with anything else (manslaughter, murder,etc.) they’re saying the collision itself wasn’t intentional, reckless or negligent on Daylen’s part. He just failed to perform the duties of a driver in a collision when someone was injured or killed. But again, this is just based on the very limited information put out.greenyellow wrote: ↑Fri May 10, 2024 3:48 pm With regards to the Austin case, it's odd that none of the reports are saying whether he's the one who actually hit and killed the victim. So far they've only said he failed to perform duties of a driver. I wonder if they're still investigating him or another driver with how little they've put out.
Yeah, it would also depend on how long after the incident he called. It would be understandable for someone who doesn’t necessarily know what to do to leave the scene, then quickly call. But if it’s hours later, that defense gets shaky. I think I did read somewhere that he might have called later? But don’t recall and can’t find it.73duck wrote: ↑Fri May 10, 2024 5:17 pm Reading through the thread, I don't see an explanation of how the police knew it was Austin. That suggests the possibility that Austin called the police once he got safely away from the scene, which could support a justification or necessity defense. If so, the case should get washed at grand jury.
I thought there was also witnesses, so someone could’ve witnessed it and called the cops and reported Austin’s vehicle.73duck wrote: ↑Fri May 10, 2024 5:17 pm Reading through the thread, I don't see an explanation of how the police knew it was Austin. That suggests the possibility that Austin called the police once he got safely away from the scene, which could support a justification or necessity defense. If so, the case should get washed at grand jury.