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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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How Oregon’s Defense Ranks Compared To James Madison

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How Oregon’s Defense Ranks Compared To James Madison


While the No. 5 Oregon Ducks offense has been the glue of the team’s success this season, their defense has also played a pivotal role in helping them earn a spot in the College Football Playoff for a second consecutive year.

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Entering their first-round home playoff matchup against the No. 12 James Madison Dukes, Oregon aims to capitalize on defense, which is crucial in their goal of making a run at its first National Championship in program history. Oregon enters the playoff as one of the highest-ranked at-large teams behind the No. 2 Ohio State Buckeyes.

Where Does Oregon’s Defense Stack Up Against James Madison, CFP Field?

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Oregon outside linebacker Matayo Uiagalelei, left, and Oregon defensive back Dillon Thieneman bring down Washington running back Jonah Coleman as the Oregon Ducks take on the Washington Huskies on Nov. 29, 2025, at Husky Stadium in Seattle, Washington. | Ben Lonergan/The Register-Guard / USA TODAY NETWORK via Imagn Images

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Despite the Ducks being an overwhelming 21.5-point favorite over James Madison, according to ESPN BET Sportsbook, the first-round playoff matchup in Eugene will be a battle between two dominant defenses.

James Madison is second in the country in total defense behind Ohio State, allowing 247.6 yards per game. The Ducks’ defense is ranked No. 4 in total defense, allowing 251.6 yards per game.  

Oregon’s defense has several contributors who have led the team under defensive coordinator Tosh Lupoi this season, including Matayo Uiagalelei and A’Mauri Washington up front on the defensive line. Bryce Boettcher and Teitum Tuioti have also been dominant players at linebacker this season for the Ducks.

Boettcher leads the Ducks with 103 total tackles, one interception, and one sack this season. Dillon Thieneman, Brandon Finney Jr., and Aaron Flowers have been key contributors in the secondary with four interceptions combined.

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MORE: Weather Concerns Begin For Oregon’s Playoff Game vs. James Madison

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MORE: Three Reasons Why Oregon Could Be The Most Dangerous Playoff Team

MORE: Oregon Ducks Projected to Make Program History In 2026 NFL Draft 

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When it comes to scoring defense, the Ducks are ranked No. 6 among the other 12 playoff teams, allowing 14.8 points per game.

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The five playoff teams that rank above the Ducks in scoring defense include No. 2 Ohio State (8.2), No. 1 Indiana (10.8), No. 4 Texas Tech (10.9), No. 10 Miami (13.8), and No. 8 Oklahoma (13.9). Oregon’s first round opponent, James Madison, is ranked one spot below the Ducks at No. 7 in scoring defense, allowing 15.9 points per game. 

Oregon’s Defense Strengths and Weaknesses

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Oregon outside linebacker Teitum Tuioti, left, defensive lineman A’Mauri Washington and outside linebacker Matayo Uiagalelei celebrate a sack by Tuioti as the Oregon Ducks host the Minnesota Golden Gophers on Nov. 14, 2025, at Autzen Stadium in Eugene, Oregon. | Ben Lonergan/The Register-Guard / USA TODAY NETWORK via Imagn Images

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If the Ducks beat James Madison in the first round of the playoff, they’ll face the No. 4 Texas Tech Red Raiders in the CFP Quarterfinals at the Orange Bowl on Jan. 1. A potential matchup between the Red Raiders and the Ducks in the Orange Bowl could come down to whichever defense performs better. While Oregon’s pass defense has been dominant throughout the season, its rush defense could jeopardize the Ducks’ quest for a championship. 

The Ducks rank No. 8 among playoff teams in rushing defense, allowing 107.3 yards per game. Texas Tech ranks No. 1, allowing 68.5 yards per game. The Red Raiders’ rush defense’s ability to shut down Oregon’s dominant running back trio of Noah Whittington, Jordon Davison, and Dierre Hill Jr. will be one of the biggest keys in a potential Orange Bowl matchup.

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Sep 5, 2025; Louisville, Kentucky, USA; James Madison Dukes running back Wayne Knight (3) runs the ball against the Louisville Cardinals during the first half at L&N Federal Credit Union Stadium. Mandatory Credit: Jamie Rhodes-Imagn Images | Jamie Rhodes-Imagn Images

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It’ll be interesting to see how Oregon’s defense holds up against a talented James Madison offense that will have a chip on its shoulder as a massive underdog. The Dukes’ offense, led by quarterback Alonza Barnett III and star running back Wayne Knight, will challenge Oregon’s defense early on, but expect the Ducks to win convincingly.

Oregon will host James Madison at Autzen Stadium to open up the CFP on Dec. 20, with the kickoff scheduled for 4:30 p.m. PT. The game broadcast will be on TNT, HBO Max, and truTV.

  • Game odds refresh periodically and are subject to change. 
  • If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER.

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Longtime Oregon lawmaker repeatedly broke ethics laws to secure hefty raise, commission finds

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Longtime Oregon lawmaker repeatedly broke ethics laws to secure hefty raise, commission finds


Longtime Republican lawmaker Greg Smith broke Oregon ethics laws when he used his office to try to secure a $109,000 raise for his work as executive director of an eastern Oregon economic development agency, then maneuvered to get a $66,000 pay hike and make it retroactive, the Oregon ethics commission concluded Friday.

In a unanimous vote, commissioners endorsed an investigator’s finding that Smith, the longtime executive director of the federally funded Columbia Development Authority, repeatedly failed to declare a conflict of interest and used the power of his office for personal financial gain.

Smith got his salary raised from $129,000 to $195,000 without his bosses’ authorization and directed the employee in charge of his agency’s finances that the pay hike be made retroactive to April 2024, the investigator found. When the development authority board learned of Smith’s misrepresentations, it voted in September of that year to rescind the raise, records show. But he has not repaid it, ethics commission investigator Casey Fenstermacher wrote in her report dated Thursday.

Smith now has the option to request a hearing on his case before an administrative law judge or to work with the ethics agency to reach a settlement, including any fine or other punishment. He did not take part in Friday’s hearing nor did he respond to a request for comment left with his legislative chief of staff Friday afternoon.

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Staffers at the Oregon Government Ethics Commission will formally propose a settlement with Smith, including financial penalties, by early January, commission director Susan Myers told The Oregonian/OregonLive Friday. The maximum fine her agency can propose is $10,000, she said, but the nine-member state ethics commission could vote to authorize a higher penalty.

The ethics commission did just that in 2018 when it rejected an agency proposal to fine former Gov. John Kitzhaber $1,000 for ​​ethics violations that allowed his fiancée, Cylvia Hayes, to secure lucrative consulting contracts during her time as first lady. Commissioners instead proposed a $50,000 fine and ultimately struck a deal with the four-term governor to pay $25,000.

Smith, who holds a key role on the Legislature’s powerful budget-writing committee, was elected in 2024 to a 13th term in the House, making him its longest serving member.

The ethics commission dinged him earlier this year for failing to disclose a key client of his consulting business on his required annual financial disclosure form. That client, Harney County, had paid him $7,000 a month to represent its interests at the Legislature.

In that case, Smith acknowledged the omission in his filing and later amended it. The commission closed that case, as it has other cases or incomplete financial filings, by issuing Smith a formal letter of education, Myers said.

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According to the Salem Reporter, Smith is also under investigation in two other state ethics proceedings. Investigators are examining whether Smith broke the law when he claimed pay for working for the development authority at the same time he was performing private consulting work or working as a state legislator, the Salem newsroom reported.

The Columbia Development Authority, based in Boardman, is made up of several eastern Oregon governmental entities including the Port of Morrow and is in charge of redeveloping a former military base.

Once the ethics commission formally notifies Smith of its proposed settlement and his right to request a hearing, he will have 21 days to decide which option to pursue, Myers said. Nearly 99% of officials presented with that option choose to pursue a settlement, she said.

The commission normally takes into account both aggravating factors, such as the size of the financial windfall and whether the official repeatedly broke the law, and mitigating factors, such as whether an official acted on the advice of a government lawyer or quickly paid restitution, Myers said.



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Only 2 U.S. spots are on BBC’s best places to travel list (and one is in Oregon)

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Only 2 U.S. spots are on BBC’s best places to travel list (and one is in Oregon)


BBC Travel has published its list of the 20 best places to travel in 2026.

The list of global destinations only includes two U.S. travel spots, and one is the Oregon coast.

Waves crash into the beach on the north Oregon coast as seen from Ecola State Park on Wednesday, Jan. 13, 2023.Sean Meagher/The Oregonian

The BBC write-up is glowing, calling Oregon’s coastline “one of the country’s bucket-list road trips” – and noting that Oregon is the only U.S. state where all beaches are free and public.

  • 6 Oregon towns make list of ‘most adorable’ in PNW

Kaitlyn Brajcich of Sustainable Travel International contributed to the BBC’s article, praising the coast’s accessibility and sustainability:

“Mobi-Mats laid over the sand and free beach wheelchairs enable more visitors to enjoy the shore, as does a new partnership with Wheel the World that maps inclusive lodging and experiences.”

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Two children in specialized wheelchairs face each other on the beach
Kayla, 14, (left) and Wren, 16 (right) use beach accessible wheelchairs on the Oregon coast. A group of 13 families, each with a member who has spinal muscular atrophy, take an annual camping trip together. While not a formal organization, they call their trips ÒWheelie Camp.Ó The group worked with five different nonprofits and cities to obtain free rentals of beach accessible wheelchairs, where they were able to enjoy a day on the sand at Clatsop Spit near the wreck of the Peter Iredale on Mon., Aug. 1, 2022.Dave Killen / The Oregonian

Brajcich also cited the easy availability of bikes, sustainable seafood and transit options as reasons to visit the Oregon coast.

The Oregon coast has racked up plenty of superlatives over the years” “most adorable” small towns, most beautiful landmarks, best campground and more.

Depoe Bay Whale Watching Tour
A gray whale raises its tail fluke out of the water as it dives just offshore of Depoe Bay on the central Oregon coast. The animals were seen on a whale watching tour with Whale Research EcoExcursions. Jamie Hale/The Oregonian

If you’re planning to visit the coast this winter, Winter Whale Watch Week begins Saturday, Dec. 27 and runs through Wednesday, Dec. 31.

“Trained Oregon State Park volunteers will be stationed at 14 sites along the Oregon Coast from 10 a.m. to 1 p.m.,” the Oregon Parks and Recreation Department said in a news release, “to help visitors spot gray whales on their southward migration to the calving lagoons in Mexico.”

A map of the volunteer sites is available on the Oregon State Parks website.

Winter is also the best season to watch storms and view king tides at the coast, but remember to follow safety guidelines if you go.

  • The 6 best places to witness king tides on the Oregon and Washington coasts this winter

The other U.S. location to make the BBC’s travel list? Philadelphia, where 2026 will see a yearlong celebration of America’s 250th birthday, including art and museum exhibits, concerts and a variety of sporting events like the FIFA World Cup.



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