GRAND RAPIDS, Mich. — The Michigan Attorney General's Office is attempting to revive criminal charges against a former state police officer.
Dana Nessel notified federal court she is appealing the order to dismiss charges of second degree murder and manslaughter against Brian Keely. The now-retired Detective Sergeant was behind the wheel of a vehicle that hit Samuel Sterling during a pursuit on April 17, 2024.
Sterling was the target of a federal task force chasing down the probation absconder. The 25-year-old ran when officers moved in to arrest him at a gas station in Kentwood.
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Keely used his vehicle to try to block access to a restaurant, instead striking Sterling, pinning him against the building. Sterling died from injuries suffered in that impact.
Nessel charged Keely in state court just over a month later. He retired as a Michigan State Police trooper days after.
Despite a district court judge ruling there was enough evidence to move the case towards trial, Keely successfully appealed to have the case moved to federal court. His attorneys argued he should be protected under the Supremacy Clause of the U.S. Constitution.
The federal judge agreed, dismissing the case on May 28, 2025.
The AG's office released a statement Tuesday evening saying,
"Yesterday, the Department of Attorney General filed a Notice of Appeal, as required by the court. A briefing schedule has not yet been set.
We have long contended that the decision to remove this matter to Federal Court and, ultimately, the decision to dismiss the charges without consideration of the evidence or facts of the case was erroneous and sets a dangerous precedent. It is critical that law enforcement is held accountable when they act unlawfully at the expense of the rights and lives of the members of the communities they are sworn to protect and serve."
Nessel is appealing that ruling with the Sixth Circuit Court of Appeals in Cincinnati, per a court filing on June 23. It is not clear if the appeals court will take up the case.
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