Judge tosses case against former MSP sgt in death of Samuel Sterling

Yahoo

6 days ago

GRAND RAPIDS, Mich. (WOOD) — Citing immunity under the Supremacy Clause, a federal judge has tossed the case of a former Michigan State Police sergeant who hit a man with a cruiser.
Brian Keely, charged with second-degree murder and involuntary manslaughter in the death of Samuel Sterling last year, will not face federal charges, court documents say.
Looking to arrest , 25, of Grand Rapids, on a number of warrants, authorities tracked him to a Kentwood gas station in . Police say he ran away when they moved in to get him. 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 Keely's SUV near the restaurant's entrance. Sterling was hospitalized and died hours later.
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In August, U.S. District Court Judge Hala Jarbou decided that because Keely was operating as part of a U.S. Marshals task force, the case fell under federal jurisdiction. She moved it out of the state courts and .
Jarbou on Wednesday granted a motion from Keely's attorneys to dismiss the charges against him, saying the state does not have enough evidence to dispute Keely's actions.
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Keely had argued that he was immune under the Supremacy Clause because he was acting as a federal officer when attempting to arrest Sterling, and therefore cannot be face criminal prosecution under state law. To be granted immunity, it needs to be proven that Keely was acting in an authorized way under U.S. law and that he did not do more than was necessary and proper to carry it out.
In the dismissal motion, the judge said that the state had originally argued Keely had criminal intent, acted with 'malice' and seemed to argue he 'intended to kill or harm Sterling.' The state did not provide evidence that Keely 'turned his wheel sharply toward Sterling or intentionally killed him,' the court documents say.
While the state later disclaimed that hurting or killing Sterling was intentional, it still argued he could be found guilty of second-degree murder or involuntary manslaughter if he acted 'in disregard of life-endangering consequences.'
'The Court is not persuaded by the State's argument,' the court documents say.
It noted that there were several warrants out for Sterling's arrest, including a domestic violence charge. It also notes Sterling led multiple officers on a long chase in a populated area as he tried to evade arrest.
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It was reasonable for Keely to assume Sterling was armed, the court documents say, and therefore a threat to the public and officers. Citing Keely's expert witness, the documents say the safety threat would have increased if he was able to get into the Burger King, where he could have taken a hostage or ambushed officers.
'Considering these factors, even if Keely's actions were risky, he made a reasonable decision to try to block or deter Sterling from entering the restaurant in order to prevent more serious risks to the public and to the officers created by Sterling's flight,' the documents say.
Michigan Attorney General Dana Nessel in a statement said she stands by the arguments her team made in court.
'I am disappointed that the case's transfer to federal court ultimately resulted in its dismissal and am deeply concerned with the precedent it sets—that individuals deemed federal officers by federal authorities can commit lethal crimes against Michigan residents with impunity,' she said in a statement. 'Such a precedent is dangerous and fundamentally undermines the principles of justice and accountability our legal system is meant to uphold.'
She said it is regrettable the case was never presented to a jury, adding that 'no one should be above the law.' Nessel added that she is grateful for the work of her team.
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'My heart breaks for the loved ones left behind by Mr. Sterling and the community who mourns him,' she said. 'This outcome is nothing short of a miscarriage of justice and my Department is considering our next steps.'
Keely's attorneys in a release said the ruling 'brings long-overdue relief to an officer who was doing his job to protect the public from a dangerous fugitive who escalated the situation by choosing to flee and place both officers and the community at risk.'
'We are grateful that the Court recognized this case for what it truly was — a law enforcement officer doing his job in a high-risk encounter with a known fugitive,' Keely attorneys Marc E. Curtis and Lance LoRusso said in a statement. 'This ruling not only vindicates our client but also sends a strong message in support of those who serve with honor and integrity.'
Nessel said she's exploring options to appeal. In civil court, attorneys representing the family of Samuel Sterling have filed an excessive force lawsuit.
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