A probable cause hearing was held for former Michigan State Police Detective Sergeant Brian Keely, charged with second degree murder and involuntary manslaughter in the April 17 death of Samuel Sterling.
25-year-old Sterling was hit by Keely’s unmarked police cruiser while fleeing from officers in a Kentwood Burger King parking lot, and later died of his injuries.
Keely appeared with his lawyer via Zoom for the proceedings in District Court in Kentwood as Judge Amanda Sterkenburg discussed how she evaluated the standards for the charges including did he act with malice.
“Malice is a legal term that does not require the defendant to intend the harm that occurred. In the absence of intent to kill or do great bodily harm, the malice element is satisfied where the defendant knowingly created a very high risk of death or great bodily harm knowing that death or such harm would be the result of his actions.”
In a separate hearing in Lansing Wednesday, a federal judge heard arguments over whether Keely’s case should be heard in state or federal court.
His attorneys have argued Keely was part of a federal task force that finds people with outstanding warrants at the time of Sterling’s death.
The judge stated she’d make that decision quickly but its unclear exactly when that may be so proceedings will continue at Circuit Court.
