Posted on 12/17/2023 3:30:32 PM PST by mac_truck
A federal narcotics agent accused of blowing through a stop sign and hitting and killing a bicyclist while on a surveillance mission in Salem has successfully moved the criminal case from state to federal court.
In federal court, he can assert immunity from prosecution on the criminal charge of negligent homicide, a defense not available to him in state court.
Lawyers for the state objected to removing the case from Marion County Circuit Court. They argued that the agent’s alleged “grossly negligent actions” were not a necessary part of his federal law enforcement work.
U.S. District Judge Michael J. McShane this week granted the request by DEA agent Samuel Troy Landis to transfer his prosecution to federal court and set a trial for May 1 in Eugene.
Prosecutors from Marion County District Attorney’s office will remain on the federal prosecution case but have asked the state to appeal McShane’s ruling.
(Excerpt) Read more at oregonlive.com ...
“ If this case is moved to Federal court and immunity is invoked, where does the family of Marganne Allen go for justice.”
I’d say the DEA Agent’s home.
Late at night.
L
BiXiden and the ‘Rats have blown through the Constitution and the Country is on Fed life support.
If this guy skips and goes free he may face a more severe punishment from the people affected by his selfishness.
Would explosives be involved?
“where does the family of Marganne Allen go for justice?”
Whether local or federal, the system generally protects their own.
There's really no place on the road for bicycles. If you want to ride your bicycle, go to a park and get on a path to do that.
Okaaaaay...
Nowhere the victim was white.
Courts may grant him immunity. Citizens may not.
“There’s really no place on the road for bicycles. If you want to ride your bicycle, go to a park and get on a path to do that.”
How do you feel about walking or riding a horse on public roads that are not controlled access?
Who died and made you God?
Can they pursue a civil case?
There's really no place on the road for law enforcement officers who blatantly ignore the law. If it was important enough to blow through the stop sign it was important enough to turn on lights and sirens.
Unionized government employee.
Case dismissed.
Oregone…this is the first of many to come.
That’s a valid point. It’s dangerous enough for cars and motorcycles but they at least can stay with the flow of traffic. Anything considerably slower are sitting ducks for disaster. Those painted lines for “Bicycle lanes” mean nothing. Lots of those people die while riding in that, “Lane”. Whoever thought it was a good idea to put bicycles right next to fast moving traffic is pretty stupid.
Yeah, lets ride our bicycles right next to these 4,000 pound hammers moving 50+ mph.
There’s really no place on the road for those unwilling to share public property.
That some road users are jerks does NOT give anyone the right to kill them. Roads are for the PUBLIC’s use. That includes bicycles and motorcycles, horse drawn carriages, mopeds, two wheel scooters, unicycles, rollerblades, and skateboards.
If someone is in such a hurry they are incapable of courteous road use, they are the ones needing to find alternate transportation methods. There are already lots of public roads that are restricted from the use of slower vehicles, but the drivers in faster vehicles seem to think that every inch of every road is for their exclusive use.
I ride bicycles and use motorcycles, in fact I used to commute on both, on surface/shared use streets for years. I cannot begin to tell you the number of times an ignorant, arrogant, self-absorbed automobile driver has endangered myself and/or others with an attitude that mirrors what I read in your post.
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