In late June, former Michigan State Police detective sergeant Brian Keely’s lawyers filed a motion requesting that the case against their client be moved to federal court. They argue Keely was assigned to a U.S. Marshall’s fugitive task force at the time of the incident that ultimately led to Samuel Sterling’s death, so the case falls under federal jurisdiction.
The Michigan Attorney General’s office disagrees saying at the time of the incident, Keely was not an officer of the United States nor was he “acting under color of any federal law.” The office also stated that the case should be tried in state court due to Michigan having a “compelling state interest in protecting its citizens from the use of excessive force by police officers and any federal defenses to the charges could be adjudicated within the state judicial system.”
Sterling was a probation absconder from Grand Rapids who was wanted on multiple felony warrants. The 25-year-old died after running from authorities and being struck by an unmarked vehicle driven by Keely during an attempt to take Sterling into custody on April 17th in the parking lot of a Kentwood Burger King.
Keely retired from the MSP in early June, days after second degree murder and manslaughter charges were brought against him by the AG’s office.
