The state of Oregon won’t ask the U.S. Supreme Court to review the case against a federal agent who caused a fatal collision in Salem in 2023, ending the possibility of criminal prosecution in the death of cyclist Marganne Allen. The decision, announced Friday, March 13, ends more than two year s of legal proceedings in the case of Samuel Landis, a U.S. Drug Enforcement Administration special agent. It means an earlier ruling by a federal judge to dismiss a negligent homicide charge against Landis last year will stand. “Marganne’s family (husband and two young adult children) will never have our day in criminal court,” the family said in a statement released Friday. On March 28, 2023, Allen was riding her bike home from work when Landis ran a stop sign at the intersection of Southeast Leslie and High Streets. He was surveilling a suspected drug courier at the time. Allen, who was riding down the hill on High Street, had the right of way. She fatally collided with the side of Landis’ truck. An investigation by Salem Reporter, using video taken the day of the incident, found that Landis had been speeding through the neighborhood just ahead of the crash. After tapping his breaks, he ran the stop sign at 18 miles per hour, according to evidence presented during a November 2024 hearing in the case. A Marion County Grand Jury indicted Landis on a charge of criminally negligent homicide in September 2023. The case was moved to federal court at Landis’ request. U.S. District Court Judge Michael McShane dismissed the charge against Landis in January 2025, ruling that his actions were in his federal capacity and thought to be reasonable at the moment, entitling him to immunity from state prosecution, according to the dismissal order. The U.S. Court of Appeals for the Ninth Circuit upheld the dismissal in a December ruling and declined to review the case further. The Oregon Department of Justice decided not to take the case to the U.S. Supreme Court, according to a news release from the Marion County District Attorney’s Office. The criminal case against Landis originated in Marion County, and county prosecutors would have tried the case if a court ruled he could be charged. The state previously expressed concerns in the case about the Trump administration’s push toward “absolute” protection for federal agents using force in immigration enforcement. Friday’s statement said state justice department officials were concerned that taking the case to the Supreme Court could produce a ruling that would make it harder to prosecute similar future cases. “Marganne Allen’s death was a tragic loss for her husband, children, other family members and our community. 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,” said Marion County District Attorney Paige Clarkson in a statement. Video shows driver ran stop sign in fatal collision with Salem cyclist The crash shook the central Salem neighborhood near Bush’s Pasture Park. Neighbors said they held an umbrella over Allen, covered her legs with a blanket and stayed with her until emergency crews arrived less than four minutes later. In a statement, Allen’s family said they have endured “a living nightmare.”After laying out details from the crash, the family’s statement said it was “completely avoidable,” and that being given the authority to break traffic laws requires discretion and safety considerations. “Landis chose to ignore the conditions (e.g., rainy, midday, blind intersection of a busy street) and proceeded to break the traffic law even though there were no emergency circumstances to do so,” the family said.The family thanked the work of investigators, and those who had reached out in the aftermath of the crash.  “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. To the family, you will always be our heroes, and this intersection will always be a sacred place,” the statement said. Read their full statement here. Allen’s husband, Mark Meleason, has a pending federal wrongful death lawsuit against Landis, the DEA and the city of Salem. The DEA was working with the Salem Police Department on a drug task force at the time of the crash. The suit has been on hold while the appeals case unfolded. Meleason is seeking a jury trial and $2.5 million in economic damages, his complaint said. Madeline Moore contributed reporting. Contact Managing Editor Rachel Alexander: [email protected] or 503-575-1241. Contact Senior Reporter Abbey McDonald: [email protected] or 503-575-1251. LOCAL NEWS DELIVERED TO YOU: Subscribe to Salem Reporter and get all the fact-based Salem news that matters to you. Fair, accurate, trusted – SUBSCRIBE The post State won’t seek Supreme Court review in DEA agent fatal crash appeared first on Salem Reporter. ...read more read less