Lawyers want to move MSP detective murder case to federal court

GRAND RAPIDS, Mich. (WOOD) — Lawyers for Brian Keely, the former Michigan State Police detective sergeant charged with the murder of Samuel Sterling, have requested that the case be moved to federal court.

On April 17 , Sterling, a 25-year-old from Grand Rapids who was a probation absconder and wanted on felony warrants, took off from authorities when they tracked him down in Kentwood. Several officers chased him on foot into the parking lot of a Burger King, as did Keely in an unmarked vehicle. Video previously released by MSP shows Sterling running away and then being hit by the unmarked cruiser on the sidewalk leading into the restaurant. Sterling was hospitalized and died hours later. His death certificate shows he sustained “multiple blunt force injuries.”

Murder charges were filed against Keely in May and he retired from MSP shortly thereafter.

The motion filed on Friday says that though Keely worked for MSP, he was assigned to a U.S. Marshals Service fugitive task force when the crash happened. It argues that puts the case in federal jurisdiction.

The documents go on to say that Keely believed his action was justified and objectively reasonable. It says Keely believed that Sterling posed a danger to the customers and employees in the Burger King, so he followed his training and tried to block him with the vehicle.

“(Keely’s) vehicle began to skid, and he lost all braking and steering power due to standing puddles of water caused by hard rain in the area earlier that day,” the court document said.

The document says that Keely did not intentionally hurt Sterling.

The request argues Keely had reason to believe Sterling was armed, though in the video previously released by MSP, Sterling can be heard telling officers he did not have a gun and the video does not appear to show officers finding one.

The Michigan Attorney General’s Office has 21 days to respond to the request.

For the latest news, weather, sports, and streaming video, head to WOODTV.com.