Judge dismisses negligent homicide charge against DEA agent in death of Salem cyclist

PORTLAND, Ore. (KOIN) — A federal judge dismissed negligent homicide charges filed against a DEA agent for allegedly hitting and killing a Salem bicyclist during a mission.

On Thursday, U.S. District Judge of Oregon Michael J. McShane ruled that DEA special agent Samuel Landis "is entitled to federal immunity" from the State of Oregon's charge of criminally negligent homicide, and the action was dismissed, according to court documents.

The state's charge accused Landis of running a stop sign with a pickup truck during a surveillance mission in Salem that resulted in him hitting and killing bicyclist Marganne Allen, 53, in March of 2023.

Landis' lawyers argued that "he was acting in his official capacity [as a federal officer]" and was entitled to immunity under the Supremacy Clause of the U.S. Constitution, which prohibits the state from interfering with the federal government's exercise of its constitutional powers.