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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 lawmakers advance one-year moratorium on tax breaks for data centers

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Oregon lawmakers advance one-year moratorium on tax breaks for data centers


Written by Alma McCarty & KGW:

SALEM, Oregon — In the final week of Oregon’s legislative short session, lawmakers in Salem discussed regulating data centers — specifically, placing a one-year moratorium on certain tax breaks.

Governor Tina Kotek has been looking to expand the state’s enterprise zone program, which is intended to grow Oregon companies and attract new ones. Businesses that locate or expand within designated zones can qualify for property tax exemptions on new investments if they meet eligibility requirements.

However, some advocates argue that extending incentives to data centers may not be sustainable long term.

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“Data centers have been around for a while,” said Kelly Campbell, policy director for Columbia Riverkeeper. “Data centers are getting bigger and bigger. Some of these new AI hyperscale data centers are exponentially bigger than those tiny ones. They’re really just using a lot of energy, a lot of water.”

However, some advocates argue that extending incentives to data centers may not be sustainable long term.

“Data centers have been around for a while,” said Kelly Campbell, policy director for Columbia Riverkeeper. “Data centers are getting bigger and bigger. Some of these new AI hyperscale data centers are exponentially bigger than those tiny ones. They’re really just using a lot of energy, a lot of water.”

Last week, Columbia Riverkeeper released a report examining data centers operating or planned along the Columbia River in Oregon and Washington.

“I think the question becomes, do we want to stick to our climate goals of getting to 100% renewable? Or do we want to have these big, mega data centers owned by big tech companies — some of the wealthiest corporations in the world — getting to use whatever energy they want? We would say, no, that’s not OK,” Campbell said.

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On Monday, lawmakers amended an economic incentives bill to block new data centers from qualifying for certain tax breaks for one year.

“I think this moratorium is a pretty short pause to give the advisory council time and space to do their work,” said Rep. Nancy Nathanson, D-Eugene, during a subcommittee meeting Monday morning.

The Data Center Advisory Committee, convened by Kotek, held its first meeting Friday. The group’s goal is to develop policy recommendations addressing the rapid growth of data centers.

“There are some businesses that will need them, but freestanding data centers, the way we’ve been growing in the state, is not sustainable,” the Governor told reporters during a press conference last week. 

On Monday, her office sent KGW a statement regarding the moratorium:

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The moratorium will address immediate concerns and also allow for the Governor’s Data Center Advisory Committee to develop recommendations to strategically pursue economic development opportunities while ensuring utility costs, infrastructure investments, and environmental impacts remain sustainable and equitable for all residents.”

Supporters of data center growth, particularly in rural communities, also spoke during work sessions.

“This moratorium will have a disparate impact on communities east of the Cascades — communities like Prineville, Hermiston and Redmond that have leveraged enterprise zones and data centers to bring hundreds of living-wage jobs to their communities,” said Alexandra Ring, a lobbyist for the League of Oregon Cities.

“While data centers may be seen as a nuisance or inconvenient in Washington County, they are not in Crook County. They are not in Morrow County, in Umatilla County,” said Sen. Mark McLane, who represents several Eastern Oregon counties, including Baker, Crook, Grant and Harney.

Even if the House and Senate ultimately approve the moratorium, it would apply only to new data centers — not those that already receive tax breaks or projects currently underway.

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Iranian in Oregon says he was a political prisoner in his home country

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Iranian in Oregon says he was a political prisoner in his home country


A member of Oregon’s Iranian community on Monday reacted to American and Israeli strikes in his home country and the death of Iran’s supreme leader over the weekend.

That reaction came as the conflict in the Middle East expanded into a third day. President Donald Trump indicated it could go on for several weeks.

Amin Yousefimalakabad says right now he is concerned about his family, who he says lives near military bases in Tehran, the capital of Iran.

He described businesses with shattered windows and explosions near his family’s home.

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At the same time, Yousefimalakabad says he felt relief learning about the killing of the ayatollah.

He says he fled Iran four years ago after facing political persecution.

“I used to be a political prisoner in Iran. I got arrested in one of the protests that happened in Iran, and I was under torture for two weeks,” he said in an interview with KATU News. “They put me in prison for six months. I had, even when I was thinking about those days, it made my body shake from inside because I didn’t deserve that. I just wanted the first things that I can have in a foreign country like America in my country. I wanted freedom. I wanted to have freedom of speech, freedom of religion, to choose who I want to be.”

Meanwhile, Yousefimalakabad says he still can’t return to Iran, fearing he would be punished for his Christian beliefs and says although the regime could change, the ideology in Iran might not.



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How Wisconsin Badgers logistically pulled off extended West Coast trip

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How Wisconsin Badgers logistically pulled off extended West Coast trip


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  • Wisconsin has taken time zone changes into account when planning West Coast trips like the recent one to Oregon and Washington.
  • Oregon and Washington were ‘super hospitable’ to the Badgers when they were traveling from Feb. 23-28.
  • Wisconsin’s Lindsay Lovelace and Eli Wilke have done a “really good job” in their operations roles.

SEATTLE – Wisconsin men’s basketball’s day that ended with a resounding 90-73 win over Washington did not exactly have a resounding start.

After loading the bus at the team’s downtown Seattle hotel before the Feb. 28 game roughly four miles away at Alaska Airlines Arena, there was a slight issue.

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The bus broke down.

But the Badgers had another bus and were only delayed “maybe 10, 15 minutes at the most.”

“All the managers and everybody moved all the bags onto the other bus,” said Lindsay Lovelace, Wisconsin’s assistant director of basketball operations. “So thankfully we had that second bus, and then the bus company did a really good job of getting us another one really fast.”

Wisconsin’s quick pivot was part of the extensive efforts that have gone into an extended road trip like what the Badgers recently concluded against Oregon and Washington.

“Knowing where we’re going, we reserve flights in July and August,” Lovelace said. “Once we finalize game times and stuff, then we can finalize our flight times and everything. And then I started booking hotels for every trip in September-ish, I would say – September, early in October.

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“It kind of starts with those big pieces, and then about a month, month-and-a-half out, we start doing meals and scheduling with itineraries.”

The pair of West Coast games made for a six-day, five-night trip as the Badgers played at Oregon on Wednesday, Feb. 25, and at Washington on Saturday, Feb. 28. It was just UW’s second time this season staying on the road between road games, albeit not nearly as long as the 11-night stay in Salt Lake City and San Diego in the nonconference schedule.

“It seems like it’s a big trip, but it’s essentially just two trips, two days each basically,” said Eli Wilke, who is in his first season as Wisconsin’s operations coordinator after previously working as a graduate manager.

As UW did for the Salt Lake City/San Diego trip earlier in the season and the Los Angeles trip last season, the Badgers arrived two days before the first game instead of the typical one day for shorter road trips on the Big Ten schedule.

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“We all decided that it’s just the best to get out there one night earlier, try and get their sleep adjusted as best as possible and then give them a day to sleep in and get up and then practice,” Lovelace said.

Lovelace, who has been in her role since 2021, had the benefit of leaning on last season’s Los Angeles trip and past postseason trips. But the Oregon-Washington trip marked the Badgers’ first road game at Washington since 1955, and it was the Badgers’ first regular-season road game at Oregon since 1990.

The Badgers did have a blueprint for traveling to Eugene following their 2023 NIT game against the Ducks. This trip naturally allowed for much more planning time, too, than a postseason game.

“I said to [UW general manager] Marc [VandeWettering], ‘I remember liking the hotel that we stayed at for the NIT,’” Lovelace said. “And he agreed. The food was good, and the setup they had was really good. It was pretty close to the arena.”

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Lovelace also turned to her counterparts who work with Wisconsin football and volleyball, which have similarly been adjusting to the new Big Ten cities. UW volleyball made its first trip to Seattle during the 2025 season, and both UW football and volleyball played in Eugene.

“I talked to John [Richter, UW’s director of football operations] a little bit, but a lot with Jess Williams from volleyball,” Lovelace said. “And she kind of gave me some pointers on traffic and making sure you plan ahead for Seattle because traffic can be really busy at times.”

Wisconsin’s men’s basketball operations staff got a helping hand, too, from Oregon and Washington’s operations personnel.

“Especially with these West Coast trips, these teams are used to it now with these teams doubling up,” Wilke said. “Because they’re all super hospitable and trying to help us out.”

That hospitality includes everything from laundry service to logistical information such as parking and practice options.

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Wisconsin secured two practice times in the two days leading up to the Wisconsin-Washington game at Alaska Airlines Arena. The Badgers practiced at Matthew Knight Arena in Oregon the day before and had a shootaround the day of the very late game.

The Badgers were at the mercy of whenever Alaska Airlines Arena was available, though, which turned out to be on a Thursday evening and Friday evening before a Saturday early-afternoon game.

“We know that we really have to be flexible on what they give us,” Lovelace said. “I think everybody wanted to practice at Alaska Airlines Arena. … If we wanted to have an earlier practice, we could have looked elsewhere for gym time, too.”

Washington provided laundry service for Wisconsin on the Badgers’ first night in Seattle. The courtesy is not something to be taken for granted either after what nearly happened when the Badgers traveled to San Diego.

“I was looking at all the laundromats,” Wilke said, following the suggestion of the tournament organizers.

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That’s when Nick Boyd – UW’s team leader in points and assists – delivered a big off-the-court assist after playing with his connections at San Diego State, where he played in 2024-25 before transferring to the Badgers.

“Nick connected with one of his old managers, who connected with the current manager at San Diego State and helped connect us with their equipment person who was willing to help us out,” Wilke said. “We got lucky with Nick there.”

The extended trips often come with a larger travel party and the added responsibility of managing logistics for non-basketball excursions. The activities help “keep guys fresh and keep loose,” Wilke said.

The San Diego trip earlier in the season involved a visit at the zoo. The year before, Wisconsin went to an NBA game while in Los Angeles for the USC and UCLA games. This time, UW toured a joint military base in the Seattle-Tacoma region on Feb. 27.

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This is Lovelace and Wilke’s first season spearheading Wisconsin’s men’s basketball operations together. VandeWettering was the team’s director of basketball operations for eight seasons before being promoted to a new general manager role in the summer.

UW then promoted Wilke to operations coordinator, all while he continues to finish his master’s degree in sports leadership. He has yet to miss an assignment although he does “cut it very close.” When Wisconsin played Iowa on Feb. 22, he had an assignment due that day.

“I was writing my paper as our guys were doing pregame warmup shots,” Wilke said. “One of the event staff was just laughing behind me because they saw me. I’m just typing away.”

Coordinating operations specifically at a place like Wisconsin “makes my life easier,” Wilke said.

“I don’t really have to worry about guys forgetting things because they’re pretty on top of it,” Wilke said. “I think that’s kind of how the culture of the program’s been over the last few years.”

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Even when life is not so easy – an already-loaded bus uncharacteristically breaking down might be one of the top examples – UW’s operations duo has earned rave reviews.

“There’s a lot of moving parts, and there’s going to be hiccups,” VandeWettering said. “And I think you just got to understand that there are going to be things beyond your control, and you just got to be able to roll with it. I think they’ve both done a really good job of continuing to do that to the best of their ability.”



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