KENTWOOD, Mich. — The case surrounding former Michigan State Police (MSP) Sergeant and Detective Brian Keely will stay in federal court, a judge decided Wednesday.
Keely is accused of killing Samuel Sterling and charged with second-degree murder and involuntary manslaughter. Keely pleaded not guilty at his arraignment in June.
The State of Michigan appealed an earlier decision to move the case from state to federal court, but that appeal was denied by Judge Hala Y. Jarbou.
In August, Keely was granted a $250,000 personal recognizance bond, meaning he could be released from custody without first posting a bond or making a deposit.
Michigan State Police previously released bodycam footage showing Sterling running along the side of 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.
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. Because of this, Keely was working as a federal officer, which is why he and his lawyers wanted the case moved to a federal court.
Under the federal officer removal statute (28 U.S.C. § 1455), the court granted their request.
District Court Judge Amanda Sterkenburg made the decision for the case to go to trial in August. Judge Sterkenburg found probable cause to send Keely to trial on both the second-degree murder and involuntary manslaughter charges.
Judge Sterkenburg stated in her findings that there was no dispute that Keely's vehicle hit Sterling and that the collision caused injuries resulting in his death. But, she did note that "conflicting evidence" should be reviewed by a jury at trial.
