KENTWOOD, Mich. — A judge could decide whether a case against a former state trooper remains in district court or becomes a federal matter.
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 in June.
In April, 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. He was a member of MSP for 26 years.
The case is currently being heard in Kentwood District Court, but Keely's defense team is arguing it should be moved to federal court. They argue, in part, since Keely was a member of the Fugitive Task Force, which is operated by the U.S. Marshals Service, the case belongs in federal court.
In a response filed in federal court, the prosecution argues Keely was a state employee under Michigan State Police, and "not an officer of the United States or acting under one, and he was not acting under color of any federal office."
A federal judge heard arguments Wednesday, but did not issue a ruling.
Last week, a district court judge heard evidence in the case and said she would hand down her ruling on whether there is enough to send the case to trial on Thursday at 3:30 p.m.
If the federal judge agrees to move the case to federal court, it would likely cancel that hearing.