KENTWOOD, Mich. (WOOD) — A legal battle is looming over whether the murder case against a former Michigan State Police detective sergeant will move to federal court.
Brian Keely’s attorneys are pushing to take the case away from state court. An initial court hearing on whether that will happen is scheduled for Wednesday afternoon in Lansing.
Michigan Attorney General Dana Nessel’s office has charged Keely with second-degree murder and involuntary manslaughter in the death of Samuel Sterling , 25, of Grand Rapids. Police found Sterling, who they say was wanted on multiple outstanding felony warrants, at a Kentwood gas station on April 17 . They say he took off. Several officers chased him on foot to a nearby Burger King while Keely pursued in an unmarked cruiser. Video released by MSP shows Sterling being hit by Kelly’s unmarked vehicle near the restaurant’s entrance, pinning him up against the wall. He was hospitalized and died hours later.
Murder case moves forward against former MSP sergeant
Keely’s attorneys filed a motion Friday to move the case to federal court. His team says while Keely was employed by Michigan State Police, he was also assigned to a federal fugitive task force team. They say Keely’s team was asked by Kent County crime authorities to help arrest Sterling.
Jeffrey Swartz is a former prosecutor, defense attorney and state court judge in Florida. He is now a professor at Cooley Law School’s Tampa Bay Campus. He is not affiliated with the Keely case. Swartz said that if everything the defense provided in its motion is true and Keely was truly acting under federal duties, the case should go to federal court…