“Russian Roulette”: Husband of cyclist killed in collision with DEA agent speaks out

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The family of Salem cyclist Marganne Allen sat solemnly in a Eugene courtroom on Nov. 25 as a federal judge explained his intent to drop a criminal charge against a U.S. DEA agent who caused a collision that killed her.

The decision has prompted Allen’s husband of 27 years, Mark Meleason, to speak out publicly for the first time on behalf of his family.

Meleason did not comment on the judge’s decision in a written statement he issued Wednesday. He instead focused on the driving conduct of agent Samuel T. Landis, 39. Landis was pursuing a suspected drug trafficker when he sped through the Gaiety Hill neighborhood and ran a stop sign at the intersection of Leslie and High Streets on March 28, 2023.

Allen, 53, a state worker commuting home from her job, was cycling down the hill and had the right of way when Landis entered the intersection. She hit Landis’ truck and collapsed instantly.

“His driving behavior was like playing Russian Roulette with his vehicle aimed at the public,” Meleason wrote. 

U.S. District Court Judge Michael McShane found that Landis’ role as a federal agent pursuing a drug dealer at the time and his “reasonable” belief that he could safely run the stop sign just before the crash occurred granted him immunity from prosecution. A Marion County grand jury indicted the agent on a charge of criminally negligent homicide on Sept. 6, 2023.

Meleason said in his statement that he believes Landis’ driving behavior would be unjustifiable for any DEA agent and “resulted in a criminally negligent homicide.”

He pointed out that traffic investigators pegged Landis’ speed down Leslie Street at 37 miles per hour, 12 miles over the speed limit, on a rainy afternoon. The agent braked before the stop sign but entered what Meleason described as a “blind intersection” about 19 miles per hour without stopping before driving into Allen’s path. Prosecutors throughout court proceedings described a retaining wall and brush that obscured the agent’s vision.

Meleason described Leslie as a narrow residential street lined with parked cars on both sides. He said the street his wife rode home on is busy at that time of day.

“Marganne was wearing a helmet, a high visibility jacket, and multiple bike lights flashing when she was struck and killed by Agent Landis,” Meleason wrote.

Although not intentional, he said, the crash was not “an unfortunate accident.”

DEA policy allows agents to violate traffic laws “in certain enforcement situations” but says that the safety of the public and the agent “have higher priority than any enforcement activity.”

“It is my understanding that police, firemen, and ambulance drivers all have defensive driving training where the time-of-day (e.g., mid-afternoon), weather (e.g., raining) and other factors (e.g., blind intersections) must be considered to reduce the risk of public harm,” Meleason wrote. 

Meleason thanked the Marion County District Attorney’s Office, “especially the lawyers who represented us with dedication and tireless effort, and the Victim’s Assistance specialist, whose care and guidance were exceptional.”

“Thanks to our family, friends, and people we’ve never met such as her fellow co-workers that have provided support to us as we grieve. Special thanks to the neighbors who went to her aid at the crash site as well as those who submitted the door cam videos, held a vigil in her honor, and created a memorial at the crash site,” he said.

That memorial remains at the northeast corner of the intersection.

McShane’s decision to drop the criminal charge came after an oral argument on Nov. 25. 

The agent’s attorneys successfully argued last December to have the case moved to federal court so Landis could argue he is immune from prosecution as a federal agent acting in an official capacity. The immunity defense does not exist in state court, where Landis was originally charged last September.

Prosecutors’ claim that Landis isn’t immune from federal prosecution rested on showing that no reasonable officer in his position would have found it necessary to run the stop sign. After the proceedings last week, McShane said that prosecutors hadn’t met that burden.

The judge said he would issue a final order in the coming weeks. If he sustains his own findings, the charge will be dropped and Landis will no longer face potential prison time.

The judge’s decision “granted Landis immunity for killing my wife, my soul mate,” Meleason wrote in his statement. 

Meleason’s statement did not address whether he intends to file a lawsuit.

He said he did not want to comment beyond his written statement because the case was still active.

RELATED COVERAGE:

Judge signals he will drop charges against DEA agent in fatal Salem collision

DEA agent was “unreasonable” in running stop sign, prosecutors argue

DEA agent seeks formal immunity for role in fatal cyclist collision

Federal judges clear way for DEA agent to claim immunity

New records show drug cartel ties, DEA agent’s actions leading to fatal crash

DEA agent faces state felony charge in death of Salem cyclist

Video shows driver ran stop sign in fatal collision with Salem cyclist

Contact reporter Ardeshir Tabrizian: [email protected] or 503-929-3053.

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