KENT COUNTY, Mich. – A federal judge has dismissed a second-degree murder charge against a former state trooper involved in a controversial incident where a fleeing suspect was struck and killed by a police vehicle. U.S. District Judge Hala Jarbou ruled in favor of former trooper Brian Keely, 51, in connection with the April 17, 2024, death of Samuel Sterling, who was attempting to evade law enforcement at the time.
During the incident, Keely asserted that he was acting to safeguard the public by preventing Sterling from entering a nearby Burger King. He reported that his vehicle skidded on wet pavement, resulting in Steele being pinned against the restaurant’s wall. Keely claimed he believed Sterling could have been armed, heightening the potential risk to innocent bystanders.
Originally charged by the state Attorney General in Kentwood District Court, the case was transferred to federal jurisdiction after a determination was made that Keely was operating as a federal agent under the U.S. Marshals Service. His attorney, Marc Curtis, invoked the Supremacy Clause of the U.S. Constitution, asserting that Keely was immune from state prosecution under the premise that his actions were within reasonable limits for a law enforcement officer.
This ruling follows a recent decision by Kent County Prosecutor Chris Becker, who announced a former Grand Rapids police officer would not face retrial in an unrelated shooting case. The officer’s trial ended in a mistrial, revealing a deeply divided jury.
In evaluating the federal case, Judge Jarbou focused on whether Keely’s actions aligned with those of a reasonable officer in similar circumstances. She concluded that several factors related to the case substantiated Keely’s decision-making process. Sterling was actively evading capture and had prior charges, including domestic violence involving a firearm. The judge noted, “The risk to officers and the public increased significantly had Sterling gained access to the restaurant.”
The state argued that Keely should not be classified as a federal officer while serving with the Michigan State Police. In a statement following the dismissal, Attorney General Dana Nessel expressed disappointment, underscoring her belief that the initial court had established probable cause for the charge. Nessel’s office indicated it was seeking to review potential appellate options.
The implications of this ruling raise concerns about accountability for law enforcement officers involved in fatal incidents during the line of duty. Critics argue that classifying officers as federal agents can lead to lowered standards of accountability for actions taken in the pursuit of their duties. As this case unfolds, the balance between officer safety and public accountability remains at the forefront of the conversation surrounding policing in America.