Case of DEA agent accused of hitting, killing Salem cyclist moved to federal court

This story was updated at 12:30 p.m. Thursday

The case of a DEA agent accused of striking and killing a Salem cyclist while driving on-duty will no longer be heard locally and will instead be tried in federal court, a federal judge ruled Wednesday.

The move would allow the agent to argue for law enforcement immunity as a possible defense. Federal law provides law enforcement officers with a potential criminal defense of immunity from prosecution. Such a defense does not exist under Oregon state law.

The agent's defense attorneys are arguing that because he struck the victim while he was working as a federal agent, he is entitled to immunity from prosecution by the state, even though he may have broken state law.

The Marion County District Attorney's Office objected to the removal and is seeking review of the decision from the Oregon Department of Justice.

The move comes months after the district attorney's office charged Samuel Landis, 38, with criminally negligent homicide in the death of Marganne Allen, 53, on March 28 while she was cycling home from work south of downtown on High Street.

Months of silence from city and county officials regarding Allen's death preceded the indictment.

On Aug. 31, a Marion County grand jury returned a secret indictment charging Landis. A warrant was issued for his arrest on Sept. 6.

Marion County District Attorney's Office officials said Landis surrendered on that warrant, posted $2,000 security and was released.

The August indictment was obtained five months after Allen's death and four months after Keizer Police first referred the investigation to prosecutors. Keizer Police took over the investigation after Salem Police discovered Landis was an on-duty DEA agent and cited a potential conflict of interest.

Landis' criminal case was assigned to Marion County Circuit Court Judge Tracy Prall without entry of a plea.

On Oct. 16, Landis’ defense team filed a Notice of Removal of State Criminal Prosecution to remove the prosecution from Oregon state court, in this case the Marion County Circuit Court, to federal court.

Following oral argument Tuesday in federal court in Eugene, U.S. District Court Judge Michael McShane ruled the case would be heard in federal court.

The Marion County District Attorney’s Office will remain the prosecutorial office, according to a statement issued Wednesday evening, and has asked the Oregon Department of Justice to review McShane’s removal order and consider an appeal.

The Oregon Department of Justice would handle any appeal if they determine one is appropriate.

Allen was on her way home when she was struck by speeding truck

In a statement at the time of the indictment, Allen's family requested privacy and directed questions to their attorney.

“The family is very grateful for the thoughts and prayers directed to them in this very difficult time," they said in a statement. "The show of support has been especially heartwarming."

Allen was cycling on High Street near Leslie Street SE east of Salem Public Library on the afternoon of March 28.

The scene of the crash rests at the bottom of a hill as High Street transitions from downtown into the Bush's Pasture Park neighborhood. The intersection has a stop sign for those traveling eastbound on Leslie Street. There is no stop sign for those traveling on High Street.

Neighborhood cameras captured Landis speeding through the neighborhood and running the stop sign, according to reporting from the Salem Reporter and confirmed by neighbors.

Witnesses at the scene said the driver did not approach Allen as others worked to provide her with shelter and first aid.

Allen was taken to Salem Health, where she died from her injuries.

Allen, a mother of two, was the program manager for Oregon's Agricultural Water Quality Resources department and previously worked for the Oregon Department of Forestry, according to state records.

A flower-covered memorial site remains at the intersection of Leslie and High streets. Allen's family posted a note thanking neighbors near the crash site for caring for Allen until an ambulance arrived and holding a vigil in her honor.

"Marganne was a kind and loving person that would have done the same for you," her family said in the note. "To us, this will always be a sacred place and you will always be our heroes."

Prosecutors contend DEA agent was 'grossly negligent'

Marion County prosecutors Ashley Cadotte and David Wilson said in court documents that Landis showed "grossly negligent actions."

"While conducting surveillance in Salem, Oregon, in which no exigent or emergency circumstances were present, defendant ran a clearly marked stop sign and killed a cyclist as she entered the intersection," prosecutors said in a response filed in federal court.

The prosecutors said Landis admitted to running the stop sign and had no lights or sirens on when he entered the intersection in an unmarked vehicle.

There were no plans to arrest an individual being surveilled that day or to immediately intervene to disrupt the transportation of drugs, prosecutors said.

In their reply, Landis's attorney Amy Potter said he was involved in the crash while "actively surveilling a dangerous fentanyl supplier."

Because he was acting under the color of office, he is entitled to use the federal defense of immunity under the Supremacy Clause, she said.

"In some instances, breaking traffic laws is necessary for law enforcement to do their job; the failure to do so would render them 'ineffective'," Potter argued in the reply.

His attorneys cited DEA policy permitting special agents to violate traffic laws and rely on their best judgment.

"This was a tragedy that occurred when SA Landis was conducting surveillance, and he intends to argue that he is immune from prosecution in state court," Potter said.

Prosecutors pointed to previous case law stating a federal officer must show that a crash resulted from an exigency or emergency related to their federal duties.

"(Landis) is not being prosecuted for carrying out his federal duties, rather, he is being prosecuted for driving his vehicle in a grossly negligent manner that resulted in the death of an individual," prosecutors said. "There is nomeaningful connection between defendant’s federal duties and his conduct of running a stop sign and killing a cyclist."

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodworth@statesmanjournal.com, call 503-910-6616 or follow on Twitter at @wmwoodworth

This article originally appeared on Salem Statesman Journal: DEA agent charged in cyclist's death to be tried in federal court