Judge grants immunity to DEA agent accused of killing cyclist
Samuel Landis was accused of hitting and killing a cyclist in Sept. 2023, but the case has been dropped
Photo by: Getty ImagesA U.S. federal judge ruled Monday to dismiss charges against Drug Enforcement Administration (DEA) agent Samuel Landis, accused of hitting and killing cyclist Marganne Allen, 53, in Salem, Oregon, while on duty in September 2023. The judge’s preliminary ruling, according to KPTV.com, found that Landis had immunity from prosecution because he was acting in his capacity as a federal agent at the time of the crash. U.S. District Judge Michael J. McShane announced the decision from the bench after a full day of testimony. Among those who testified was Landis, 39.
Family wanted case to go to trial
Allen’s family and friends packed the courtroom, in hopes the case would move forward to a jury trial. The defence, however, argued that Landis was immune from prosecution due to his work on a DEA surveillance mission. Video evidence from March 28, 2023, showed Landis’ black truck speeding through Salem and running a stop sign. Landis’ attorney presented the footage, noting that DEA agents are permitted to break traffic laws if it helps their mission. Several other agents on duty that day also testified in court.
Landis explains the crash
Landis, a DEA agent for nearly seven years, told the court he was trying to rejoin his team after losing his position in a task force tracking a suspected drug courier. He said he was focused on catching up and estimated he was driving 56km/h on a residential road in Southeast Salem, around 1:30 p.m. As he approached an intersection, he said he slowed down, braked, ducked, and leaned forward but did not come to a full stop.
The prosecution argued that while DEA policy allows agents to disregard traffic laws during missions, the rule applies only if public safety isn’t jeopardized. The case had already faced multiple delays. Including its transfer to federal court and the defence’s motion to dismiss.
Judge McShane noted that the ruling was not final and said a formal decision would be issued in the coming weeks.