By Steve Neavling
A federal judge has formally dropped a negligent homicide charge against a DEA agent in connection with the 2023 death of a Salem cyclist.
The charge against Samuel Landis was officially dismissed by U.S. District Court Judge Michael McShane on Thursday, one month after he ruled that Landis was protected from prosecution under the law, the Salem Statesman Journal reports.
McShane’s decision followed a Nov. 25 hearing that included witness testimony and legal arguments. He concluded that Landis was shielded by the Supremacy Clause, as the fatal collision occurred while Landis was engaged in a federal surveillance operation.
Landis, 39, faced allegations of criminally negligent homicide for striking 53-year-old cyclist Marganne Allen with his vehicle. Prosecutors claimed Landis ran a stop sign at the intersection of High and Leslie streets SE during the March 28, 2023, operation.
Attorneys for Landis argued that his role as a DEA agent performing official duties at the time of the incident meant he should not face criminal charges. The case had been moved to federal court, as state-level courts cannot address federal immunity defenses.
Marion County prosecutors, however, contended that Landis was neither in immediate danger nor responding to an emergency when the collision occurred. They argued his actions were not “objectively reasonable” and that immunity should not apply.
In his ruling, McShane acknowledged there was no disagreement over key facts of the case, noting that both sides agreed Landis ran the stop sign and that Allen had the right of way.
“They very clearly agree, as does the Court, that Marganne Allen’s untimely death is a tragic accident that could have been avoided,” McShane wrote. “The lone issue the parties disagree on is, in this instance, a legal one: whether it was ‘necessary and proper’ for Landis to run the stop sign to perform his duties that day as a DEA Special Agent enforcing the nation’s drug laws.”
McShane concluded that applying the facts of the case to relevant legal precedent led to one outcome.
“The answer to that question is ‘yes,’” he wrote.
