Salem, OR – In a developing legal case in Salem, Oregon, the state has filed an appeal following a federal judge’s dismissal of a criminal charge against a DEA agent involved in a fatal cyclist collision. The incident, which occurred on March 28, 2023, resulted in the death of cyclist Marganne Allen.
The collision happened when DEA agent Samuel Landis, who was conducting an undercover surveillance operation at the time, ran a stop sign while driving his unmarked vehicle. The crash occurred in a residential area, and despite the adverse weather conditions, Landis’s vehicle struck Allen, leading to her tragic death.
Initially, Landis faced a charge of criminally negligent homicide in Marion County Circuit Court. However, the case was moved to federal court in December 2023, after Landis’s legal team asserted a federal immunity defense. This defense argued that Landis was acting within the scope of his federal duties during the operation, which made him immune from prosecution under state law.
On January 3, 2025, U.S. District Judge Michael McShane ruled in favor of Landis, dismissing the charges. The judge determined that Landis was entitled to immunity because he was performing his duties as a federal agent during a surveillance operation targeting a suspected fentanyl trafficker. According to McShane, Landis reasonably believed that running the stop sign was necessary to maintain his position within the surveillance team. While the judge acknowledged that Landis’s belief was mistaken, it was deemed not objectively unreasonable under the circumstances.
Judge McShane’s ruling has sparked criticism, particularly from Allen’s family. Her widower, Mark Meleason, has expressed his dissatisfaction with the decision, arguing that Landis’s actions were reckless and amounted to criminally negligent homicide. Meleason believes that the federal immunity defense should not protect the DEA agent from facing justice for what he perceives as a preventable tragedy.
The state’s appeal of the ruling comes as a response to the family’s concerns and public outcry over the judge’s decision. Prosecutors argued that Landis’s actions were unjustifiable, pointing out the residential setting and the adverse weather conditions at the time of the crash, which made the collision particularly avoidable.
The legal battle highlights the complexities of balancing law enforcement duties with accountability, especially when federal immunity is invoked. While the DEA’s internal policy allows agents to violate traffic laws under certain conditions during investigations, the state contends that the circumstances of this crash were not in line with those exceptions.
As the appeal process moves forward, both legal experts and the public await further developments in this tragic case. The outcome could have significant implications for how law enforcement officers are held accountable in future incidents involving federal immunity and traffic laws.
At this stage, it remains unclear how the appeal will progress, but the family of Marganne Allen continues to seek justice, and the case is expected to receive continued attention as it moves through the courts.
