KENTWOOD, Michigan — State Police Detective Sergeant Brian Keely, who was charged with second-degree murder and involuntary manslaughter charges in the death of Samuel Sterling, is retiring from the force.
Michigan Attorney General Dana Nessel announced the charges on May 28. His retirement was confirmed with Michigan State Police one week later.
MSP said Sterling was approached by several agencies on April 17 in Kentwood on outstanding felony warrants. The agency said Sterling then ran from police, leading to a chase that ended when an unmarked MSP vehicle, driven by Keely, struck Sterling.
Sterling died in a hospital later that day.
"We have found that Detective Sergeant Keely's actions that day were legally, grossly negligent, and created a very high risk of death or great bodily harm, which could have otherwise been prevented," said Nessel when she announced charges last week.
"The charges are probably a little bit steeper than I thought they would be," said Lewis Langham, a former MSP Sergeant and current law professor at Cooley Law School.
Langham said he was not expecting a second-degree murder charge regarding the case, but he believed an involuntary manslaughter charge was "on the table."
"She had to look at the law, and she had to make a decision based on whether or not she thought she could convince a jury that there was enough probable cause to convict this officer of second-degree murder and, or, involuntary manslaughter," said Langham.
Langham said Nessel's decision had to be made by considering body camera and surveillance video to show the trooper's actions as "grossly negligent."
Keely is expected to be arraigned at the 62nd District Court in Kentwood on June 5.
If the case goes to a trial, Langham said a jury will look at the actions of both Keely and Sterling leading up to the incident, the responsibility of law enforcement to arrest those who violate laws, and if there is contributory negligence involved in the case as well.
"It's going to be in the hands of the jury when this matter is finally resolved," said Langham.
Nationally-known civil rights attorney Ben Crump, who is representing the family of Sterling, said they are "grateful" for Nessel's decision to press charges.
“These charges should serve as a stark warning to law enforcement that their actions have consequences, especially when those actions, which we see all too often, take another life. With each ounce of justice, we move closer to equitable policing and a world with fewer tragedies like the one that ended Samuel’s life," said Crump in a statement.
Marc Curtis, the attorney representing Keely said Nessel's decision "ignores the facts of the incident" and relies on "political pressure."
"D/Sgt. Keely has been assigned to the U.S. Marshall’s Task Force for several years, making hundreds of arrests without incident. D/Sgt. Keely has over 12 years experience of safely operating police vehicles without a single at fault accident in the performance of his duties," said Curtis in a statement. "This was an accident that could have been avoided had Mr. Sterling simply turned himself in prior to the U.S. Marshall’s Task Force being assigned to apprehend him. This accident could have also been avoided if Mr. Sterling would have simply complied with the commands of the Detectives. Mr. Sterling’s action not only put himself in danger but the citizens that were in the area at the time."
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