State appeals federal judge’s dismissal of charge against DEA agent in fatal cyclist collision

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A federal judge was wrong to drop a criminal charge against a U.S. DEA agent who in 2023 caused a fatal collision with a Salem cyclist and his decision should be reversed, according to an appeal filed by the Oregon Department of Justice.

That reversal would reinstate a criminal charge against the agent.

In January, U.S. District Court Judge Michael McShane dismissed the single state charge of criminally negligent homicide against agent Samuel Landis, 39, who sped through a central Salem neighborhood, ran a stop sign and caused the crash that killed 53-year-old Marganne Allen on March 28, 2023.

McShane freed Landis from prosecution, ruling that Landis was entitled to immunity because he believed he needed to run the stop sign to catch up with a suspect in a drug case.

Attorney General Dan Rayfield in an appeal filed April 11 in the Ninth Circuit U.S. Court of Appeals contends that the judge failed to view the allegations against Landis and consider the evidence “in the light most favorable” to prosecutors.

Rayfield’s agency said federal law requires that judges give such favor when considering whether to dismiss criminal charges against a federal officer seeking immunity. 

“That failure led directly to the court’s erroneous legal ruling,” the state Justice Department contended.

The agency said that the judge wrongly concluded the conduct of the DEA agent was “necessary and proper.” 

That finding would mean that no one could conclude Landis’ conduct was unreasonable, Senior Assistant Attorney General Philip Thoennes said in his filing.

He said McShane also ignored DEA policy, which allows agents to break traffic laws but not at the risk of public safety.

Landis was originally charged in state court by Marion County District Attorney Paige Clarkson. Landis won the right to move the case to federal court, where McShane later dismissed the criminal charge. Clarkson asked the Justice Department to appeal.

The Justice Department asked the appeals court to reverse McShane’s decision and send the matter back to federal court.

It is unusual for state and county prosecutors to challenge a federal judge, one of the most powerful legal positions in the U.S. 

Then-President Barack Obama appointed McShane to the federal bench in 2013. The judge, who serves in Eugene U.S. District Court, is perhaps best known for ending Oregon’s ban on same-sex marriage the following year. 

READ IT: State Justice Department’s opening brief

Over 125 years ago, the U.S. Supreme Court ruled that a federal officer can’t be prosecuted for a state criminal charge for actions performing their official duties.

Landis’ attorneys successfully argued in December 2023 to have his case moved to federal court so he could seek immunity, a provision not allowed under state law.

There was no dispute between prosecutors and Landis’ attorneys about the facts of what happened.

The agent was part of a surveillance team trailing a suspected fentanyl trafficker through Salem. Landis ran the stop sign at the intersection of Southeast Leslie and High Streets at about 18 miles per hour, according to court records. Allen had the right of way as she cycled down a hill on High Street through the intersection. 

The federal proceeding came down to a single legal issue – whether it was “necessary and proper” for Landis to run the stop sign to enforce U.S. drug laws. 

“The answer to that question is ‘yes,’” McShane wrote in his Jan. 2 order.

The state disagrees, contending that it was unreasonable for Landis to speed past the stop sign. 

McShane said in his order there was “undisputed evidence” that Landis believed he needed to run the stop sign to catch up with his surveillance team.

But the state said in its appeal that there’s no evidence the agent believed he needed to drive through the stop sign at 18 miles per hour – “the pertinent question in this case.”

The state said the judge appeared to entirely ignore the DEA’s policy on driving, other than his finding that Landis appeared to follow that policy.

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

The Justice Department said Landis violated that policy by putting the public at risk.

The state also contends the judge put too much emphasis on the DEA’s battle against Mexican drug cartels trafficking fentanyl into the U.S., saying that’s irrelevant to whether Landis’ conduct was reasonable.

When deciding whether to dismiss the charge, the judge was first required to accept prosecutors’ allegations as true, the Justice Department said.

Under Oregon law, someone is guilty of criminal negligence when they fail to discern a “substantial and unjustifiable risk” in a way that “constitutes a gross deviation from the standard of care.”

The judge “either ignored or discounted” the state’s accusations, the Justice Department said.

For example, the judge noted in his order that Landis was negligent but “acted with no malice or ill intent,” which the state said was irrelevant to the charge against Landis.

The Justice Department cited 21 points showing that Landis’ conduct was unreasonable. Those included that Landis was one of eight agents and police officers on the team, there were no plans that day to arrest the suspect and the team only hoped to find where the suspect lived.

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

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