Oregon Drops Criminal Case Against DEA Agent Who Struck and Killed Salem Cyclist

A court action against an agent from the Drug Enforcement Administration (DEA), who struck and killed a woman cyclist in Salem while he was involved in an undercover operation, will no longer be pursued by the state of Oregon.

Marganne Allen was Struck at an Intersection at Which She Had the Right of Way

Marganne Allen was struck at a stop sign, at which she had the right of way, while cycling from work on March 28, 2023.

The announcement to drop the case was made by the Marion County District Attorney’s Office on Friday.

The DEA Agent had Federal Immunity at the Time of the Incident

DEA agent Samuel Landis had federal immunity from prosecution at the time of the incident, the statement from the DA’s Office announces.

The decision to drop the case was made after carefully assessing a petition to the United States Supreme Court and its possible impact on future cases.

According to court documents, Landis was conducting undercover surveillance of a suspected drug trafficker on the day of the fatal accident. The undercover operation began after an informant purchased 1,000 fentanyl pills from the suspect.

Landis did not see Marganne Allen as he made a right turn into High Street from Leslie Street, according to court documents. At the time of the incident, Landis was traveling at 18 mph in his pickup truck and did not stop at the intersection stop sign.

Marganne Allen was transported by the hospital, but died from her injuries.

At his request, the case against Landis was moved to a federal court following his indictment by a Marion County grand jury on a charge of criminally negligent homicide in August 2023.

Landis argued that as a federal agent, he had immunity, a statement to which the federal court agreed.

Although Oregon appealed the decision, the Ninth Circuit Court of Appeals concurred with the lower court ruling.

Marion County DA Expresses Disappointment that the Criminal Charge Could Not Proceed

In a news release, Marion County District Attorney Paige Clarkson expressed disappointment that the criminal charge could not proceed and that no justice would be served for Allen’s family.

At the time of the incident, Marganne Allen was survived by her husband and two children. The 53-year-old woman was cycling from her job at the Oregon Department of Forestry.