Expert: Pros, cons for MSP sgt. if murder case moved to federal court

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.

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.

“It appears he was in detached duty to this task force which was headed up by federal authorities, even though it was solely for the purpose for arresting people on state charges,” Swartz said. “If everything he says is correct and provable, then he’s entitled to the removal and most likely will get it.”

Swartz said existing case law supports the defense’s argument, if Keely was indeed acting solely as a federal officer.

“When a federal officer is charged or can be charged with a criminal offense, especially an offense of physical violence of someone, he is entitled to the protection of federal jurisdiction in courts,” Swartz said.

If that happens, Keely wouldn’t get a jury pool just from Kent County. It would include the entire federal Western District, which stretches all the way up to northern Michigan and the Upper Peninsula.

“The makeup of a jury in federal court within the district is from the entire district,” Swartz said. “It is not from the particular county the offense was committed in.”

Still, Swartz said there is risk for Keely in a federal case.

“Be careful what you ask for ’cause you might just get it… He might find himself with a U.S. attorney who might be interested in tacking on additional charges such as violation of someone’s civil rights resulting in a death,” Swartz said.

The Michigan Attorney General’s Office says it will seek to keep the case in state court.

“These are state charges, alleging violations of state law, and as such they should be tried in a state court,” a spokesperson told News 8 Tuesday.

The AG’s Office and Keely’s attorneys have agreed that state case forward while they wait for a decision over moving it to federal court. A preliminary hearing is still scheduled for Aug. 12 in Kentwood.

Sterling’s parents say they not only want justice for their son’s death, but also a trial in state court in front of the cameras.

“I believe it needs to stay in state because the world needs to know what’s going on,” mother Andrica Cage told News 8 Monday.

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