KENT COUNTY, Mich — The former Michigan State Police trooper accused of hitting and killing Samuel Sterling with his patrol vehicle learned that he will be heading to trial for murder.
After a federal judge declined to issue a ruling that would move the case into federal court, the decision to send the case to trial was made by District Court Judge Amanda Sterkenburg.
Brian Keely, a former Michigan State Police trooper, was charged with second-degree murder and involuntary manslaughter in the death of Samuel Sterling in May. He pleaded not guilty at his arraignment in June. Keely was granted a $250,000 personal recognizance bond, meaning he could be released from custody without first posting bond or making a deposit.
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.
"As count one, there is conflicting evidence upon the issue of whether the defendant had the requisite mindset to sustain a charge of second degree murder, specifically, did he act with malice," Judge Sterkenburg said in her findings. "There are more questions in my mind as to conflicting evidence in count one than in count two, involuntary manslaughter, many elements are the same, and I've previously stated my findings. However, involuntary manslaughter contains the element of gross negligence. I believe, by reason of his training and experience, that the defendant was aware that the pursuit of a fleeing felon required, at minimum, the exercise of ordinary care and diligence, and that he had the ability to avert the harm, defendant could have slowed or braked much earlier than he chose to."
Keely's attorney waived the right to an arraignment and Keely's not guilty plea will stand for the upcoming circuit court trial.
In April, Samuel Sterling was approached by officers in Kentwood for outstanding felony warrants. Sterling ran from police, leading to a chase. That ended when an unmarked MSP cruiser being driven by Keely hit Sterling, who died in a hospital the same day.
MSP said Keely was placed on an unpaid suspension, and confirmed that Keely retired a day before his arraignment.
Keely was a member of MSP for 26 years.