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Whittemore Today
By the People, for the People
Michigan Judge Dismisses Charges Against Federal Agent in Crash During Terrorism Raid
Ruling cites federal officer immunity for actions taken in official duties
Mar. 29, 2026 at 3:04am
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A Michigan judge has dismissed all charges against a retired Federal Air Marshal who was part of an FBI Joint Terrorism Task Force, ruling that as a federal officer acting in his official capacity, he was entitled to immunity from state prosecution. The agent was accused of crashing into a car and injuring a man while responding to an urgent backup call during a high-profile terrorism investigation.
Why it matters
The case highlights the legal protections afforded to federal law enforcement officers carrying out their duties, even when their actions result in injury or property damage. The ruling sends a clear message that federal agents cannot be subjected to state prosecution for actions taken in the performance of their responsibilities.
The details
The charges stemmed from a 2021 terrorism investigation in northern Michigan, where a retired miner was accused of setting pipe bombs and leaving threatening letters. During the investigation, the Federal Air Marshal, John Francis Schoen, was conducting surveillance on a suspect's home when he received an urgent backup call. Schoen was driving an unmarked vehicle to the backup location when he attempted to pass another vehicle and the two collided. The other driver was injured, but Schoen's attorney argued that the agent's actions were necessary and proper to ensure the safety of the federal operation.
- In September 2021, Schoen and other task force members were conducting surveillance of John Douglas Allen, 79, who was suspected of engaging in a campaign of terror in northern Michigan.
- At the time of the crash, Schoen was maintaining perimeter surveillance on Allen, his wife, and the couple's home.
The players
John Francis Schoen
A retired Federal Air Marshal who was part of an FBI Joint Terrorism Task Force and was involved in a crash during a terrorism investigation.
Robert Leslie
The driver of the vehicle that collided with Schoen's car, who was injured in the crash.
John Douglas Allen
A 79-year-old retired miner who was suspected of engaging in a campaign of terror in northern Michigan, including setting pipe bombs and leaving threatening letters.
What they’re saying
“Attempting to criminally charge a federal officer engaged in a coordinated terrorism investigation was not only legally flawed, but it was also fundamentally inconsistent with long-standing constitutional protections.”
— Marc Curtis, Defense Attorney for John Francis Schoen
“Officers cannot be expected to act decisively to protect the public if they face prosecution for doing exactly what their duties require.”
— Marc Curtis, Defense Attorney for John Francis Schoen
What’s next
The ruling in this case is expected to set a precedent for similar situations involving federal law enforcement officers acting within the scope of their duties.
The takeaway
This case highlights the legal protections afforded to federal law enforcement officers and the importance of allowing them to carry out their duties without interference or hesitation, even when their actions result in unintended consequences.
