A federal judge on Thursday officially dismissed the negligent homicide charge against a Drug Enforcement Administration agent in the killing of a Salem cyclist in 2023.
The official dismissal came one month after U.S. District Court Judge Michael McShane ruled Samuel Landis was immune from criminal prosecution and would dismiss the case against him.
After a full day of witness testimony and arguments on Nov. 25, McShane determined Landis was protected by the Supremacy Clause because the deadly crash happened during the course of a surveillance operation.
Landis, 39, was charged with criminally negligent homicide on allegations that he hit cyclist Marganne Allen, 53, with his truck after running a stop sign at the intersection of High and Leslie streets SE during a surveillance operation on March 28, 2023.
His lawyers argued that because the crash happened during the course of Landis’ work as a DEA agent, he should not be held criminally liable. The case was moved to federal court because federal immunity is not a defense in circuit court.