KENTWOOD, Mich. — A federal judge is dismissing charges against a retired Michigan State Police sergeant accused in the April 2024 death of Samuel Sterling, according to court filings.
25-year-old Sterling was hit by an unmarked Michigan State Police (MSP) cruiser on April 17, 2024, during a chase in Kentwood. He was later pronounced dead at the hospital. MSP has said Sterling was wanted on several outstanding warrants.
The cruiser that hit Sterling was driven by now-retired Michigan State Police Sgt. Brian Keely.
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On May 28, 2024, the Michigan Department of Attorney General charged Keely with second-degree murder and involuntary manslaughter.
On Wednesday, Judge Judge Hala Jarbou released her opinion, which reads in part:
"...the State has not presented sufficient evidence to create a genuine dispute about whether Keely acted pursuant to federal law and did no more than what was necessary and proper for him to do in attempting to apprehend Sterling. Accordingly, Keely is entitled to immunity under the Supremacy Clause of the U.S. Constitution. The Court will grant his motion and dismiss the case."
WATCH: Federal judge dismisses criminal case against former MSP sergeant
The case was initially filed in state court. It was later moved to federal court after a judge ruled that Keely was under the supervision of the U.S. Marshals Service at the time of the incident.
Keely's defense team argued that he is entitled to immunity under the Constitution's Supremacy Clause, asserting that it protects federal officers performing their official duties. State attorneys disagreed.
Lew Langham, a law professor emeritus at Cooley Law School and a former Michigan State Police detective, commented on the implications of this decision. He explained that it reflects differing standards of review between state and federal courts.
"It basically said that Sergeant Keeley was acting as a special deputy in this U.S. Marshals task force, was acting within the scope of his duties, and that he acted reasonably," Langham stated. "So he's treated as a Federal officer, and he's granted the immunity of a Federal officer would in this situation under the Supremacy Clause, because there's a conflict between federal laws and state laws."
In response to Wednesday's ruling, Michigan Attorney General Dana Nessel released the following statement:
“My Department issued these charges based on the facts and evidence in this case. After a thorough review of the extensive evidence before a state district court, this case was bound over for trial based on a judge’s finding of probable cause that Keely illegally ended the life of Samuel Sterling. I stand by our arguments in that court, as well as those before the federal judge, that Keely was not acting reasonably under the circumstances, nor as a federal officer in a manner consistent with federal immunity from state prosecution.
“I am disappointed that the case’s transfer to federal court ultimately resulted in its dismissal and am deeply concerned with the precedent it sets—that individuals deemed federal officers by federal authorities can commit lethal crimes against Michigan residents with impunity. Such a precedent is dangerous and fundamentally undermines the principles of justice and accountability our legal system is meant to uphold. Regrettably, the circumstances of the killing of Samuel Sterling were never presented to a jury. No one should be above the law, and my office remains committed to ensuring those who break it are held accountable.
“I am grateful for the determined, persistent work of my team on this difficult case and my heart breaks for the loved ones left behind by Mr. Sterling and the community who mourns him. This outcome is nothing short of a miscarriage of justice and my Department is considering our next steps.”
Langham noted that the Attorney General's office may seek a way to proceed based on a state law that does not conflict with federal law. However, he is not confident that would be able to happen.
Marc E. Curtis and Lance LoRusso, Keely's attorneys, shared the following statement on Facebook:
“We are grateful that the Court recognized this case for what it truly was — a law enforcement officer doing his job in a high-risk encounter with a known fugitive."
“This ruling not only vindicates our client but also sends a strong message in support of those who serve with honor and integrity.”
Sterling's family filed a civil lawsuit earlier this year, alleging his constitutional rights were violated.
WATCH: 'Don't close your eyes': Families of Samuel Sterling, Riley Doggett file excessive force lawsuits
Attorney Ven Johnson is representing the Sterling family. He released a statement Wednesday:
“We are deeply disappointed by the court’s decision to dismiss the criminal charges against Sgt. Brian Keely. It sends a troubling message that a police officer can run over an unarmed man and avoid facing a criminal jury.
Let me be clear: while this criminal case has been dismissed, our fight for civil justice is not. This only strengthens the resolve of my co-counsel, Ben Crump, and me to pursue every legal avenue in our civil case to hold Keely and all others involved accountable for the preventable death of Samuel Sterling. Samuel’s family deserves answers and justice, and we will not stop until they get both.”
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