Marion County Prosecution Of Federal DEA Agent Dismissed - 03/13/26

State of Oregon v. Samuel T. Landis

Salem, OR – March 12, 2026 – The Oregon Department of Justice has decided to not seek further appellate review of the federal court’s dismissal in State of Oregon v. Samuel T. Landis. This decision was made after carefully weighing whether to take the rare step of petitioning the United States Supreme Court and the potential impact such a decision could have on future cases.  

In March of 2023, Landis, a federal Drug Enforcement Administration agent, was conducting a federal drug investigation in Salem, Oregon.  At the time, Landis was doing surveillance of a suspected drug trafficker when he purposefully ran a stop sign and struck a bicyclist who had the right of way. The victim, Marganne Allen, sustained injuries that resulted in her death.

In August 2023, a Marion County Grand Jury indicted Agent Landis with criminally negligent homicide for causing her death. At Landis’ request, the case was removed to federal court based on a claim of federal immunity.  This removal was granted over Marion County District Attorney objections. Subsequently, the federal U.S. District Court dismissed the charge of criminally negligent homicide, ruling that Landis’ actions were within the scope of his federal employment and reasonable under the circumstances, which entitled him to immunity from state prosecution.

That legal principle, known as Supremacy Clause Immunity, is a constitutional doctrine that insulates federal employees from state criminal prosecution if they are carrying out their federal duties. Immunity applies when the act in question was authorized by federal law and the person subjectively believed the action was justified and that belief was objectively reasonable under the existing circumstances. When these conditions are met, state actors- like a District Attorney’s Office- cannot convict an individual because federal authority takes precedence over conflicting state laws.

The Marion County District Attorney’s Office sought to appeal that dismissal, a process which is litigated by the Oregon Department of Justice.  In April 2025, the Oregon Department of Justice asked for the U.S. Court of Appeals for the Ninth Circuit Court to overturn the trial judges’ dismissal and reinstate the charge against Landis.  In December, the Ninth Circuit agreed with the lower district court and found that Landis acted within the scope of his authority and was entitled to immunity from prosecution for the death of Margane Allen.  

When the Supreme Court takes up a legal question, its ruling shapes the law for everyone, in every state, for years to come. 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.

“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. She went on to say, “We are grateful to our partners at the Oregon Department of Justice and appreciate the collaborative work with the Attorney General in the attempt to seek accountability for this criminal act.”

“Our hearts go out to the family of Marganne Allen, and to everyone who loved her,” said Attorney General Dan Rayfield. “The Oregon Department of Justice pursued extraordinary avenues to hold Mr. Landis accountable for her tragic death — filing actions in federal courts that are rarely used, arguing before the Ninth Circuit not once but twice, and seeking reconsideration when that court ruled against us. While this case is at an end, we remain committed to fighting for justice for every Oregonian.”

The family wishes to release this statement in regards to the events. Please respect the family's wish for privacy during this time. 

(The full link to the statement is here: https://drive.google.com/file/d/1VaZBa8emruJwIoLHOno_IU7PtkTjBCQc/view?usp=sharing )

####

About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.

###

Marion County DA Convenes Grand Jury Inquiry Into Oregon State Hospital - 03/13/26

Salem, OR – March 13, 2026 - Today, Marion County District Attorney Paige Clarkson convened a grand jury to inquire into the conditions and management of the Oregon State Hospital located in Salem, Marion County, Oregon.  This inquiry is required under Oregon Revised Statute 132.440.  The Marion County District Attorney’s Office conducted a similar inquiry into the MacLaren Youth Correctional Facility in Woodburn last year (final report can be found here).

District Attorney Clarkson is convening this grand jury to inquire into the current operations, capacity challenges, and public safety implications associated with the Oregon State Hospital.  The work of the grand jury is expected to take several months and will issue a public report upon completion of their work.

Marion County Senior Deputy District Attorney David Wilson, and Deputy District Attorney Evelyn Centeno will oversee the proceedings.  Senior DDA Wilson has significant experience with institution-related cases and oversees Oregon State Hospital prosecutions within the Marion County District Attorney’s Office. DDA Centeno serves as Marion County’s behavioral health prosecutor and has extensive experience working with behavioral health facilities statewide.

Consistent with all matters that come before a grand jury, these proceedings are confidential. No further information will be released prior to the grand jury’s final report. The Marion County District Attorney’s Office anticipates the report will be completed by the end of the year and will be publicly released at that time.

###

Man Sentenced For Woodburn Grocery Store Armed Robbery - 03/11/26

State of Oregon v. Marcos Guzman-Barajas

Marion County Circuit Court Case 24CR20660

Man Sentenced in Marion County for Woodburn Grocery Store Robbery

Salem, OR – March 11, 2026 –  Today, The Honorable Marion County Circuit Court Judge Tracy Prall sentenced defendant Marcus Guzman-Barajas, age 27, to 190 months in the Oregon Department of Corrections. Guzman-Barajas pled guilty to two counts of Robbery in the First Degree with a Firearm, and one count of Unlawful Use of a Weapon with a Firearm.

The conviction stems from an April 2024 robbery that occurred just after closing at El Torito Market in Woodburn.  During the incident, Guzman-Barajas threatened multiple employees and a customer with a handgun while demanding access to the store’s money. He pointed the gun at a cashier’s head and told her he would shoot if she didn’t open the safe. She did not know the safe combination and feared for her life.  At one point Guzman-Barajas became upset and threw the safe on the floor.

A second store employee was forced to the ground at gun point and made to crawl towards the cash register to empty the tills while the defendant repeatedly stated, “I swear I will kill you”. The customer was also ordered to kneel while the gun was pointed at him.  Additional employees near the back of the store witnessed the incident and, while hiding, were able to call police.

When Woodburn Police Department arrived, Guzman-Barajos was found attempting to leave the property.  Officers detained him and recovered the weapon in a nearby grassy area.  The victims did not sustain any serious physical injury.

“This sentence reflects the serious nature of the crime. Multiple victims were genuinely and reasonably in fear for their lives, and law enforcement and the public was seriously threatened due to his actions,” said Chief Deputy District Attorney Brendan Murphy “We will continue to prioritize the prosecution of this type of serious crime.”

This case was prosecuted by DDA Shannon Sullivan. The Marion County District Attorney’s Office wishes to thank the Woodburn Police Department for their swift response and thorough investigation.

####

About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.

###

Salem Man Sentenced For May 2024 Death Of Girlfriend - 03/03/26

State of Oregon v. Atilano III Davalos III

Marion County: 24CR31639

Salem, OR – March 3, 2026 - Today, The Honorable Marion County Circuit Court Judge Sean Armstrong sentenced Atilano III Davalos III (age 40) to 110 months, or 9 years and 2 months, in the Oregon Department of Corrections after the defendant pled guilty to one count of Manslaughter in the Second Degree for recklessly causing the death of Carla Vasquez.  

In the early morning hours on May 23, 2024, the defendant drove in a vehicle with Carla Vasquez as his passenger.  At the time, Vasquez and the defendant were in an on-again, off-again relationship.  They had gone to a bar after Vasquez finished work for the day. A video recovered from the defendant’s phone shows Vasquez, who had been drinking and was intoxicated, hanging out of the vehicle’s front passenger window while the defendant can be heard telling her to get back into the car.

At some point, the defendant turned off a busy road and into a residential area. Vehicle data showed he accelerated slightly, then abruptly and sharply braked causing Vasquez to be thrown from the vehicle and into the roadway. The vehicle’s built in dash camera shows the defendant stopping the vehicle, apparently exiting the car, and quickly returning to the car to drive away. Mr. Davalos III did not call 911, there is no evidence he attempted to aid Vasquez himself, and he made no effort to get Vasquez medical attention, including taking her to Salem Hospital which was approximately 6 minutes away from the location.  Vasquez’s body was discovered in the street shortly afterward by a resident in the 1000 block of Rural Avenue Southwest in Salem.

The defendant is known to have stayed at a relative's home for several days.  Salem SWAT later arrested him after he hid in his mother’s attic for six hours, despite repeated commands from Salem Police to exit the residence.   

Davalos was initially charged with Manslaughter in the First Degree, which carries a minimum sentence of 120 months in prison.  The Marion County District Attorney’s Office consulted with the victim’s family before accepting a plea agreement to Manslaughter in the Second Degree. In exchange for the guilty plea, Davalos asked the court to sentence him to 91 months.  However, after hearing from the State during the sentencing proceeding, the Judge imposed the State's requested enhanced sentence of 110 months without early release nor eligibility for other programming- 10 months less than Davalos would have received under the original Manslaughter in the First Degree charge.  (A guilty plea affords considerably less opportunities to challenge a conviciton in the future.)

The Marion County District Attorney’s Office extends its sincere gratitude to the Salem Police Department for its thorough investigation and to the officers and detectives whose work ensured justice in this case.  This case was prosecuted by Deputy District Attorney Katharine Semple.

About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.

###

Salem Man Sentenced For Stabbing Landscaper - 02/27/26

Salem, OR – February 27, 2026 – On February 26, 2026, Marion County Circuit Court Judge Amy Queen sentenced Jonathon L. Jones (age 58) to 70 months in the Department of Corrections for Assault in the Second Degree.

On January 7, 2026, the Salem Police Department responded to a reported stabbing at the business complex located at 4500 Commercial Street Southeast. The victim, Victor Hernandez-Lopez, was transported to Salem Hospital for treatment of multiple stab wounds.  A witness at the scene identified Jones as the assailant.

Jones was known to live in a tent within the business complex near where the assault occurred.  At the time of the incident, the victim, a landscaper, was using a leaf-blower in the area. Jones claimed he believed the noise and activity were blowing his stuff around, which angered him.  He then stabbed Hernandez-Lopez.  The knife used in the assault was located among Jones’ belongings.  

Assault in the Second Degree under these circumstances is a Ballot Measure 11 offense, carrying a mandatory prison sentence.   There is no early release nor eligibility for alternative programming.

“Our office remains committed to protecting the safety of everyone who lives and works in Marion County,” said District Attorney Paige Clarkson. “Violent acts like this have no place in our community. This sentence holds the offender accountable and helps to reinforce public safety for our residents and businesses in the area.”

This case was prosecuted by Deputy District Attorney Meghan Kamps. The Marion County District Attorney’s Office extends its appreciation to the detectives and officers of the Salem Police Department for their swift response and thorough investigation.

About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.

###