DEA agent who killed bicyclist in Salem Oregon October 2023 receives immunity from state prosecution

As reported by KPTV Portland Oregon today 11/25/2024:

SEATTLE Wash. (KPTV) - A Drug Enforcement Administration agent accused of killing a cyclist in Salem while on duty will have his case remain in federal court, after a panel of federal judges ruled Monday in a United States appellate court in Seattle the agent is immune from state prosecution.

Back in September, DEA agent, Samuel Landis, was arraigned on charges of criminally negligent homicide in Marion County Court after he allegedly hit and killed 53-year-old Margane Allen on her bicycle while driving a DEA vehicle.

What has since transpired is a fierce legal debate on whether Landis should be granted immunity from prosecution in Marion County Court due to being on duty when hitting the cyclist.

On March 28, 2023, home surveillance video in Salem shows a black pickup truck running a stop sign at High and Leslie St. moments before hitting and killing Allen. Behind the wheel was DEA agent, Samuel Landis who, according to court documents, was conducting surveillance of a suspected fentanyl dealer.

After months of delay in both state and federal court, a panel of federal appellate judges denied a petition Monday from the State of Oregon to return Landis’ case to Marion County Court. The judges cite that federal officers can be immune from state criminal prosecution for acts that are “necessary and proper” while on duty. In Landis’ case, the act in question was running a stop sign while on a surveillance mission, which resulted in the death of Marganne Allen.