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Jury finds man accused of killing 7 in I-5 crash guilty, but not under the influence

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Jury finds man accused of killing 7 in I-5 crash guilty, but not under the influence


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A Marion County jury on Wednesday found Lincoln Smith guilty on seven charges of second-degree manslaughter, three charges of third-degree assault and reckless driving, but not guilty of driving under the influence for a semitruck crash on Interstate 5 in May 2023 that killed seven farmworkers.

The jury began deliberating around noon on Tuesday and delivered its verdict shortly before 3 p.m. Wednesday.

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The court will set a status check conference next week to determine a date for sentencing.

Prosecutors and defense attorneys asked the jury to decide whether Smith was acting recklessly or under the influence of intoxicants when he was driving the semitruck that crashed into a parked van off I-5 carrying 11 farmworkers near the Santiam River rest stop on May 18, 2023.

Prosecutors argued Smith acted recklessly by choosing to use drugs the previous night and by failing to stop driving when he knew he was tired.

Defense attorneys argued Smith was not acting recklessly because they say he was no longer under the influence and was attempting to find parking when he became tired.

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Smith was driving a 53-foot, 55,000-pound semitruck when the truck veered off the road and collided with the van, according to prosecutors and his attorneys, pushing it into another parked semitruck.

Six people died at the scene, and a seventh died in a helicopter on the way to the hospital.

The van was propelled 218 feet from the point of impact, prosecutors said.

Smith, 54, of California, was indicted by a Marion County Grand Jury in May 2023 on seven charges of second-degree manslaughter, three charges of third-degree assault, reckless driving, and driving under the influence of intoxicants.

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Tuesday marked the seventh and final day of his trial.

Survivors of the crash who were coming from a beet field near Corvallis recounted their experiences for the first time on Jan. 31.

Three were seriously injured and continue to experience constant pain. They described what they remembered of the crash through tears, talking about the loss of relatives, the terror, and lasting impacts.

Emotions have run high throughout the trial, with family members, jurors, witnesses and Smith crying at times.

First responders for the crash also testified. Many described it as one of the most horrific they’ve ever seen. Smith’s attorneys called the crash “grisly.”

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Smith’s attorneys asked the jury to find him not guilty or to find him guilty of criminally negligent homicide rather than manslaughter.

According to the Oregon Department of Transportation, the crash is among the deadliest in Oregon history.

The National Transportation Safety Board opened an investigation into the crash with the intent of issuing safety recommendations. A spokesperson for the agency said the investigation is ongoing and they typically take about two years to complete.

Prosecutors say truck driver accused of killing 7 farmworkers in I-5 crash was experienced and chose to use drugs before driving

Prosecutors have argued that Smith, who has been driving trucks for almost 19 years, was an experienced truck driver who chose to use drugs before getting on the road. Lab tests showed he had methamphetamine, cocaine and fentanyl in his bloodstream, prosecutors said.

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“He admits to using meth and cocaine the night before. Again, he knows the risk,” said Marion County Deputy District Attorney David Wilson said.

Drivers who were near or behind Smith on the road testified at trial they saw him swerving on and off the road before the crash. One woman called 911 after witnessing a Jeep veer off the road to avoid getting hit by Smith.

Wilson said in May 2023 Smith had at least 17 arrests in California and nine previous convictions.

During three hours of testimony, Randall Walker, the Oregon State Police officer who evaluated Smith for signs of intoxication after the crash, reaffirmed his belief Smith was under the influence at the time of the crash.

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Smith, he said, had constricted pupils, struggled to answer questions about where he had been driving, and often took a long time to respond. In body camera footage played in court, Smith could not recall his own phone number but recalled his girlfriend’s number and his home address.

“I’m getting really dizzy, I can’t remember (expletive),” he said in the footage. “I just can’t focus.”

At the hospital, Walker asked Smith if he could search his clothes. He found a vial in Smith’s pocket that he said contained methamphetamine, according to the footage.

Smith previously told Walker he’d used “zero drugs” and “zero alcohol” in the past 48 hours. After Walker found the vial, Smith admitted he’d used it the previous day.

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Defense attorneys say truck driver accused of killing 7 farmworkers on I-5 was no longer under influence of drugs during crash

Smith’s attorneys have argued while Smith did party with a couple of hitchhikers and use drugs the night before the crash, he was no longer under the influence that day and had fallen asleep at the wheel while trying to take the exit to the Santiam River rest stop.

They claimed the symptoms Walker observed as signs of being under the influence, including confusion and dizziness, were actually signs of shock resulting from the crash.

“He was just in the middle of a grisly scene,” defense attorney Tiffany Humphrey said. “He was in a high-impact crash.”

They cited Walker’s drug evaluation training, which states the effects of methamphetamine, a stimulant, can last up to 12 hours, suggesting any methamphetamine Smith had used the previous day should have worn off.

While stimulants typically cause people to be more alert, Walker said when used in combination with drugs that have opposite effects, like fentanyl, the outcome can be unpredictable.

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Additionally, he said users of methamphetamine can experience a “downside” after the fact and cited Smith’s poor driving before the crash as evidence of impairment not caused by shock.

“At the end of the high there’s a low,” he said. “The downside of meth is that they are lethargic and sleepy and have a hard time staying awake.”

Prosecutors argued Smith became so tired he fell asleep at the wheel because he was experiencing the downside.

Multiple witnesses for the defense, however, including the paramedic who evaluated Smith at the scene, testified Smith’s vitals, pupils and demeanor were not abnormal and he did not appear to be under the influence.

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Kenn Meneely, owner of Willamette Valley Forensics, who formerly worked with OSP and launched the agency’s drug recognition evaluation training program, said Walker did not follow proper protocol to evaluate Smith’s pupils.

Meneely, who was not at the scene of the crash, said based on a review of police reports, body camera footage and medical records, he did not believe Smith was under the influence.

He said Smith was not displaying symptoms consistent with the downside of meth and any effects from drugs taken the previous night would likely have worn off by then.

Smith’s attorneys said Walker was the state’s only witness who saw impairment in Smith’s behavior.

“Lincoln Smith was not reckless. There’s no proof he was impaired. The signs he exhibited did not match impairment,” Humphrey said to the jury. “Trooper Walker was the only person that told you he thought Lincoln Smith was impaired.”

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In two emails Smith wrote that prosecutors asked Walker to read to the court, Smith said he was behind on deliveries and under pressure to make all of his stops on time. Smith was transporting truck canopies and camper shells. He described the day of the crash as “the worst day of my life.”

“I’m upset with myself for letting this happen but I’m not ashamed of myself,” Smith said in an email. “Truck drivers fall asleep every day.”

Smith also said in the emails he was not guilty of driving under the influence, just of being tired.

“I was behind and pushing …,” he said in an email. “My life is over because of this. I’ll view it as my punishment for those poor innocent people in that van.”

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Semitruck driver accused of killing 7 farmworkers in I-5 crash said he has been doing drugs since he was 12

The state called nearly 30 witnesses over four days. The defense made its case Monday with six witnesses, concluding with Smith.

Smith said the day before the crash started like any other day.

He woke up around 2 or 3 a.m., headed to Woodland, California, with his dog Bear to pick up the truck, did a check of the truck, and headed up I-5.

Near Redding, California, he picked up two hitchhikers, something he said he enjoys doing so he isn’t alone.

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They stopped near Sutherlin, south of Eugene, at about 8 p.m.

“I’m not proud of it but we smoked some meth, did a couple lines of coke, and then we parted ways,” he said.

One of the hitchhikers gave him the vial Walker would later find in his pocket, he said. He said he last used drugs around 8:45 p.m., then took Bear for a long walk, got something to eat, and went to sleep. He said he had only done “a little,” and it didn’t affect him very much.

Smith has been using drugs on and off since he was about 12, he said, and experienced the “downside” of meth when he was younger, but hasn’t for a long time. He said he has a “strict” rule about not using substances while driving and is a “professional driver.”

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On May 18, 2023, he got up and left around 6:40 a.m. and headed first toward Eugene and Springfield, he said.

After eating lunch around noon, he said he realized he needed to call it a day because he was tired and started looking for a rest stop.

“I realized I wasn’t really feeling so well, I was getting kind of tired, I was having trouble keeping the lane,” he said.

He said he tried two rest stops and both were full. Prosecutors said there were about six truck stops and two rest stops between Eugene and the Santiam River rest stop. Smith said he knew the Santiam River rest stop usually had space, and trucks can’t just be parked anywhere, so he needed to find a legal spot.

“It started to weigh on me as I was not finding a parking space,” he said.

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Prosecutors pressed him on why he didn’t stop driving sooner, knowing he was tired and that made driving dangerous. He said he “wasn’t clear-headed” that whole day but was not impaired.

“You’re supposed to take care of being tired,” Smith said. “We learn to recognize it early. They really stress not driving while you’re tired, at the same time they’re calling you to make sure you get the stops done.”

Smith appeared to become emotional, describing the crash itself. He said it was “really violent” and “like a warzone.”

“The first thing I saw when I got out of the truck was two gentlemen laying down,” Smith said. “I went up to them and I wanted to see if they were OK but they weren’t moving.”

He recalled trying to check their pulse but said it was too loud and chaotic. He said he feels devastated about the crash now.

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Isabel Funk covers breaking news and public safety for the Statesman Journal. Funk can be reached at ifunk@statesmanjournal.com or on X at @isabeldfunk



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Oregon wakes up to some flooding. What happens now?

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Oregon wakes up to some flooding. What happens now?


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Oregonians woke up to flooding, which was gradually dissipating the morning of Dec. 19, following a third atmospheric river that dumped 2-5 inches of rain in just 24 hours across northwest Oregon.

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Many schools were delayed or canceled, some roads were closed and around 18,000 people were without power.

Heavy rain the night of Dec. 18 led to many roads being flooded across the Willamette Valley. But with only sporadic rainfall in the forecast, meteorologists said standing water should gradually drop.

Stream levels were still high and in some cases still in flood stages, on the Santiam, Clackamas and other smaller streams like the Pudding and Luckimute. But many had crested and were dropping as of the morning of Dec. 19.

“The rivers and creeks that respond rapidly will be coming down in next few hours, but some of the other larger streams are still on their way up and won’t crest until Saturday in some cases,” said Sebastian Westerink, a meteorologist for the National Weather Service in Portland.

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Where did rivers flood their banks?

The most serious situation was on the Clackamas River near Estacada and Oregon City, where the river reached major flood levels.

Closer to Salem, moderate flooding was seen on the Santiam River in Jefferson while the Luckimute, Molalla and Pudding rivers were also still rising into major flood levels.

The Willamette River in Salem will continue to rise above action stage and not crest until Dec. 20, likely leaving some low-lying roads and sites like Minto-Brown Island Park closed.  

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24 hour rainfall totals (7 a.m. on Dec. 18 to 7 a.m. on Dec. 19)

  • Eagle Creek near Estacada: 2.77
  • Cascade Foothills: 4-6 inches

Zach Urness has been an outdoors reporter in Oregon for 18 years and is host of the Explore Oregon Podcast. He can be reached at zurness@StatesmanJournal.com or (503) 399-6801. Find him on X at @ZachsORoutdoors and BlueSky at oregonoutdoors.bsky.social



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Lawyers claim repeated denial to clients at Oregon ICE facilities

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Lawyers claim repeated denial to clients at Oregon ICE facilities


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U.S. District Court Judge Ann Aiken heard additional testimony during a two-hour hearing on Dec. 18 in Innovation Law Lab’s lawsuit against U.S. Immigration and Customs Enforcement, Customs and Border Protection, and the Department of Homeland Security over what they say is a systemic denial of access to counsel at Oregon ICE facilities.

Attorneys with Innovation Law Lab first filed the suit in October on behalf of CLEAR Clinic and the farmworker union Pineros y Campesinos Unidos del Noroeste. An amended complaint was filed on Nov. 13, adding “Leon X” as a plaintiff and seeking class action status.

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The suit asks Aiken to issue a preliminary injunction requiring the federal government to grant access to counsel before someone is transferred out of state.

In a Dec. 15 court filing, Innovation Law Lab said ICE, CBP and DHS’s system for access to counsel is “no system at all.”

Director of Legal Advocacy at Innovation Law Lab Tess Hellgren again told Aiken that the federal government has been making mass arrests and detaining people across Oregon to meet quotas disclosed in other cases.

“What defendants have not made efforts to increase, as established by their own declaration, is access to counsel at the Oregon field offices,” Hellgren said. “Individuals detained at these Oregon field offices are allowed to access counsel only if it is convenient for defendants.”

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Hellgren said access to counsel at Oregon field offices is crucial.

“What happens at these Oregon facilities before transfer may result in irreversible consequences for an individual case,” Hellgren said.

Surge of ICE arrests in Oregon in recent months

Civil immigration arrests increased 1,400% since October and 7,900% compared to 2024, according to Innovation Law Lab.

Emily Ryo, a professor at Duke University Law School, submitted research in a declaration for the lawsuit using data released by ICE in response to a Freedom of Information Act request.

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That dataset revealed that the average daily ICE arrest rate in Oregon rose from 0.3 to 1.39 per day in the summer of 2025. In October, daily arrests in Oregon surged to 17.45 arrests per day.

The Portland Immigrant Rights Coalition said that during October, the hotline received reports of more than 292 detentions, at a rate of 15 to 45 per day. PIRC received reports of at least 35 people detained in Woodburn in a single day.

Woodburn declared a state of emergency on Nov. 21. Other nearby cities, like Salem, have also declared emergencies.

In November, PIRC received reports of 373 detentions, and the hotline received reports of 94 detentions in the first week of December, according to court documents.

Organizing Director for PCUN Marlina Campos said the organization has had to stop focusing on key campaigns to be in “rapid response mode.”

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Staff patrol the streets to monitor ICE activity and notify PCUN members if they cannot leave their homes or go to work. Staff have also canvassed door-to-door and heard directly about ICE’s impact, Campos said. At least four PCUN members have been arrested, she said.

Campos described Oct. 30 on the stand, saying she saw masked agents cross the street as she made her way to PCUN’s office in Woodburn. Campos said she got out of her car, started recording and contacted PIRC.

“There was a lot of panic,” Campos said. “It was unbelievable.”

Lawyers detail difficulties contacting Oregon detainees before transfer

Aiken heard testimony from CLEAR Clinic staff attorney Josephine Moberg and Eugene immigration attorney Katrina Kilgren about their recent difficulties in meeting with clients at ICE offices in Portland and Eugene. Both submitted more than one declaration in support of the case.

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Moberg said she’s been to the Portland field office approximately 20 times since she began working at the CLEAR Clinic in June.

She said “oftentimes” officials say there is a problem that prevents her from meeting with prospective or current clients at the facility. Moberg said it takes a “few exchanges” before officers permit her entrance.

She spoke further about her experience of being denied access to the facility on July 30. According to a declaration, Moberg was at the facility, waiting in the lobby for more than an hour to meet with prospective clients, but was never able to do so. Her clients were transported out of Oregon, presumably while she was waiting, she said. Moberg submitted another declaration about a similar experience on Nov. 11 when she attempted to meet with seven prospective clients who had been arrested.

Officers came outside and told her and another attorney that the building was closed for Veterans’ Day. Large vans with tinted windows entered and left the facility as Moberg was outside.

Kilgren said attorneys have been told to wait outside the Eugene building since May and June of 2025. She said three dates stood out: Oct. 15, Nov. 5 and Nov. 19, when several people were arrested in the Eugene area.

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In a Nov. 4 declaration, she said she had appointments with two people she was representing but was refused permission to join them. A building security guard threatened to trespass her if she did not exit, she said.

She said access at the Eugene office keeps getting “more and more limited.”

Both Moberg and Kilgren spoke of difficulties scheduling meetings with clients at the Tacoma, Washington detention center and other facilities.

Moberg said she went to attend a video call with a client at the Louisiana detention center last week and learned he had already signed voluntary departure paperwork and had been deported before he was able to receive any advice about his rights.

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Federal government limits hearing response, denies claims

U.S Department of Justice attorney Michael Velchik did not provide an opening statement and called only CLEAR Clinic executive director Elena Tupper as a witness.

Velchik asked how many CLEAR Clinic attorneys she supervises and whether CLEAR Clinic is registered to have itself listed at ICE offices. Tupper said CLEAR Clinic is not, but the Equity Core of Oregon, which CLEAR Clinic is part of, is.

ICE, CBP and DHS denied that they regularly restrict access to lawyers and also asked the court not to grant class-action certification.

They said limitations exist at all three of ICE’s field offices in Oregon, located in Portland, Eugene, and Medford, because individuals cannot be held longer than 12 hours at the offices under land use agreements. Those limitations mean it is not always possible to accommodate immediate in-person visitation with attorneys before transport, lawyers for ICE, CBP, and DHS said in a Dec. 15 filing.

They said Innovation Law Lab presented “no evidence” that Leon X was likely to be arrested and subsequently unlawfully denied access to an attorney while in custody. They also pushed back against the existence of a uniform policy or practice as a reason Aiken should decline class-action certification.

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Velchik said the government was concerned that the lawsuit could be used “to leverage the machinery of the judiciary” to interfere with and affect the safety of ICE facilities and enforcement of immigration law.

“I can’t stress enough that the government emphatically opposes any injunction that would restrict our ability to protect the safety of federal officers and detainees by limiting where and how long they must be detained,” Velchick said.

He said the plaintiffs would want a CLEAR Clinic attorney to sign off before DHS could perform a transfer, a notion he called “insane.”

Aiken said she would take the court filings and testimony into consideration.

She said she would issue an opinion “as quickly as possible,” but did not provide a projected date for that decision.

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Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com on X @DianneLugo or Bluesky @diannelugo.bsky.social.





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Who Could Contend for Top Honors in Oregon Boys Basketball? Here Are Six Contenders

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Who Could Contend for Top Honors in Oregon Boys Basketball? Here Are Six Contenders


We’ve just tipped off the 2025-26 high school basketball season in Oregon, but it’s never too early to start thinking about who might win state player of the year honors when the nets are cut down in March.

Here are six players who are among the contenders for Oregon’s Mr. Basketball title come season’s end.

Gaines’ coach with the Hawks, Daniel Blanks, called his star point guard “the ultimate competitor and winner,” and Gaines led the team to a share of its first Mt. Hood Conference title last year when he averaged 21.5 points, 5.9 assists and 2.8 steals. He has drawn interest from Idaho, Oregon State, Seattle University and Utah and received an offer from Portland State.

Khyungra led the Falcons to the 5A state championship last year, averaging 23.5 points. He worked over the summer to add bulk to his slight frame to better endure the pounding coach Sean Kelly expects him to take this season.

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Lake, like older brother Josiah (Oregon State), will play Division I ball next year after signing with Montana last month. Now, the 6A all-state second-team selection will look to build upon a junior season during  which he averaged 21.1 points, 4.5 assists and 3.9 rebounds per game. “He is a complete player in all facets of the game,” said Timberwolves assistant coach Thomas Duggan.

Montague, better known as Fuzzy, received 6A all-state honorable mention list while averaging close to 17 points, five rebounds and five assists per game as a junior for Roosevelt before transferring across town to join the burgeoning Northeast Portland power — ranked No. 1 in the initial High School On SI Oregon rankings — over the summer.

Paschal broke out for the Rams during their run to the 6A state title in 2024, flashing the potential to become one of the top guards in the Northwest. He suffered a season-ending knee injury in January that derailed both a promising junior campaign (14.8 ppg, 6 rpg) and Central Catholic’s hopes of repeating as champion.

After a breakout junior season during which he averaged 20 points and six rebounds, Rigney seeks to lead the Lakers back to the 6A state tournament and bolster his hopes of going to a D-1 school. “Liam is a three level scorer who has to be accounted for on every possession,” said coach Tully Wagner.



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