An agent for the U.S. Drug Enforcement Agency will not face criminal charges for a crash that killed a bicyclist in Salem in March 2023.

After a district court judge and an appellate judge ruled the agent was immune from prosecution, the Oregon Department of Justice announced Thursday it will not seek further review of the case.

The victim‘s family members said in a statement that they’ve “been through a living nightmare” and now will never get their day in court.

According to the Marion County District Attorney’s Office, Samuel Landis was surveilling a suspected drug trafficker when he ran a stop sign in his pickup truck and collided with a bicyclist, who had the right of way.

The cyclist, 53-year-old Marganne Allen, was critically injured and later died at Salem Health. No charges were filed in connection with her death for more than five months.

In August 2023, Landis was indicted by a Marion County Grand Jury on a charge of criminally negligent homicide. But at Landis’ request, and over the objections of the Marion County District Attorney, the case was sent to federal court based on a claim of federal immunity.

The U.S. District Court of Oregon dismissed the charge in January 2025, ruling that Landis acted within the scope of his federal authority, and reasonably under the circumstances, so he was entitled to immunity from state prosecution.

The Oregon Department of Justice asked for the U.S. 9th Circuit Court of Appeals to overturn the dismissal and reinstate the charge. But the appeals court agreed with the lower district court.

The Marion County District Attorney’s Office explained in a press release on Friday that the state’s next move would have been to petition the U.S. Supreme Court, which likely would have had far-reaching unintended consequences.

“When the Supreme Court takes up a legal question, its ruling shapes the law for everyone, in every state, for years to come,” the DA’s office said. “After careful consideration, ODOJ concluded that pursuing this case to the Supreme Court carried a real risk of producing a ruling that would make it harder — not easier — to hold people accountable in future cases. ODOJ did not want this tragedy to become the vehicle for that outcome.”

Marion County DA Paige Clarkson said she respected the decision, but that she was disappointed.

“Marganne Allen’s death was a tragic loss for her husband, children, other family members and our community,” Clarkson said. ”While we respect the legal process and the decision of the United States Court of Appeals for the Ninth Circuit, it is nonetheless disappointing that the criminal charge cannot proceed and there will be no justice for the family,”

Allen’s family issued a statement that reads, in part:

“The family has been through a living nightmare. However, there were many people who came to our aid and supported. We want to thank the Marion County District Attorney’s office and Oregon Department of Justice for the hours of dedication on behalf of Marganne’s case ... Thanks to our extended families, friends, and people we’ve never met such as her fellow co-workers that have provided support to us as we grieve.”

Oregon Attorney General Dan Rayfield also commended the “extraordinary avenues” the Oregon DOJ pursued in trying to hold Landis accountable.

“Our hearts go out to the family of Marganne Allen, and to everyone who loved her,” Rayfield added in a statement. “While this case is at an end, we remain committed to fighting for justice for every Oregonian.”

The attorneys who represented Landis have not replied to OPB’s request for comment.

News Source : https://www.opb.org/article/2026/03/15/dea-agent-salem-crash-charges-dropped/