KENTWOOD, Mich. — Attorneys representing a now-retired detective sergeant facing a murder charge in the April death of Samuel Sterling are asking a federal judge to dismiss the case.
Earlier this summer, a U.S. District Court Judge ruled Brian Keely was acting as a federal officer and sent the case to federal court.
In a new filing this week, the defense argues because Keely was working as a special deputy with the US Marshals Service, "Detective Sergeant Keely is entitled to immunity, under federal law, including but not limited to the Supremacy Clause of the United States Constitution."
Even though Keely was employed by MSP, he was part of a regional task force created by the United States Marshal Services assigned to arrest Sterling on multiple felony warrants.
Keely was charged with second-degree murder and involuntary manslaughter in the death of Sterling in May. He pleaded not guilty at his arraignment in June.
Michigan State Police previously released bodycam footage showing Sterling running alongside a Burger King back in April. The video then shows Keely striking Sterling with his patrol vehicle, pinning Sterling against the brick wall. Sterling later died from his injuries.