The U.S District Court judge agreed with the defense team of former Michigan State Police Detective Sergeant Brian Keely that although he was employed by the state police, Keely had taken an oath and was acting as a federal officer with a U.S. Marshals Service task force the day Samuel Sterling died. Therefore, the case will be heard in federal court.
Keely is charged with second degree murder and involuntary manslaughter in the April 17th death of 25-year-old Samuel Sterling who was wanted on several outstanding warrants.
Keely was part of a multi-agency task force that tracked Sterling to Kentwood and chased him to a Burger King parking lot where he was struck by Keely’s unmarked police cruiser. Sterling later died of his injuries.
Keely’s attorneys argue he was intending only to block Sterling from getting into the Burger King.
Last week in Kentwood, District Court Judge Amanda Sterkenburg ruled there was enough probable cause against Keely for the case to go to trial, but the new ruling will move the case to federal court.
The attorney for the Sterling family reacted to the ruling stating they “will continue to support the criminal prosecution of Keely for killing an unarmed Samuel Sterling, irrespective of the forum in which it takes place.”