Prosecutors dismiss federal lawsuit for former state police sergeant who fled suspect’s death

LANSING, MI – Prosecutors are opposing a former state police sergeant’s bid to be tried in federal court instead of state court for the death of a fleeing suspect.

Brian Keely, 50, is charged with second-degree murder in connection with the April 17 death of Samuel Sterling, who was pinned between Keely’s police car and a Burger King restaurant as he fled from officers in a fugitive squad.

The defense argued that Keely, assigned to a Regional Fugitive Task Force, part of a joint operation with the U.S. Marshals Service, was in fact acting as a federal officer.

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The state attorney general’s office said federal case law prohibits federal interference in state prosecutions and that Keely did not meet a narrow exception that allows federal prosecution.

“Keely was clearly not a ‘federal officer’ here,” Richard Cunningham, an assistant state attorney general, wrote in court documents filed Monday, July 29, in U.S. District Court.

“He was previously an officer of a state law enforcement agency with very limited powers given to him as a Special Deputy U.S. Marshal. Keely remained subject at all times to the terms and conditions of employment of the Michigan State Police.”

Related: Former cop says car skidded into puddle before fatally hitting fleeing Samuel Sterling

Cunningham noted that task force members were required to adhere to their agencies’ conduct and use of force guidelines.

“As a result, Keely was not a ‘federal officer’ … when he attacked and killed Samuel Sterling.”

U.S. District Judge Hala Jarbou in Lansing ordered the defense to file its response by Aug. 5. In late June, the defense requested that the case be moved to federal court.

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Keely claims he has federal immunity, but those claims could be argued in state court, the state attorney’s office said.

Keely struck Sterling, a 25-year-old black man, in an unmarked patrol car, and pushed him into the wall of a Kentwood Burger King. Keely claims his vehicle skidded on the wet pavement as he tried to prevent Sterling from entering the restaurant.

Sterling was wanted on a probation violation, court documents show.

A preliminary hearing will be held on August 12 at the Kentwood District Court.