Samuel Sterling (left), MSP Detective Sergeant Brian Keely (right)
LANSING, MI - On Wednesday, May 28th, a judge dismissed a murder charge against a Michigan police officer who struck a fleeing man with his unmarked SUV, citing his role with a federal task force that gives him immunity from state prosecution.
According to CBS News,
U.S. District Judge Hala Jarbou said that there was no evidence that
state police Det. Brian Keely "did no more than what was necessary and
proper" to catch a man wanted for various crimes. The man that was
struck was identified as 25-year-old Samuel Sterling. He died after he
was pinned against a wall at a Burger King in Kentwood in April 2024.
Keely was charged with second-degree murder.
At the time of the incident, Keely was part of a U.S. Marshal Service group that catches fugitives in western Michigan. The judge said, "Sterling was actively attempting to evade arrest, leading multiple officers on an extended chase in a populated area. Because Keely and the other officers reasonably believed Sterling was armed, they had good reason to believe that Sterling posed a significant threat to the safety of officers and the public."
Judge Jarbou said Sterling was on foot and Keely made a reasonable decision to try to block him from entering the Burger King, even if the officer's actions were risky. The judge also said that it is "well settled" that a state cannot prosecute a federal officer if the officer acted properly. Keely's attorneys said that Sterling had past convictions and that he made the situation worse by running.
The judge said that at the time of the incident, there were six warrants out for Sterling's arrest, including an allegation of assault against his father and probation violations. Keely's attorneys said, "This ruling not only vindicates our client but also sends a strong message in support of those who serve with honor and integrity."
Michigan Attorney General Dana Nessel did not agree with the judge's decision, calling it "nothing short of a miscarriage of justice." FOX2 reported that after Sterling was hit with the SUV, he was handcuffed and told to breathe and relax while waiting for paramedics. He was taken to the hospital, where he later died. Keely later retired.
The case was moved to federal court because Keely was working as part of a federal task force while he hit Sterling. The case, however, was tossed out of federal court after Keely filed a motion to dismiss the charges. Attorney Ven Johnson, who is representing Sterling's family in civil lawsuits against Keely and Kent County, said that the dismissal by Jarbou "sends a troubling message that a police officer can run over an unarmed man and avoid facing a criminal jury."
He added, "Let me be clear: while this criminal case has been dismissed,
our fight for civil justice is not. This only strengthens the resolve
of my co-counsel, Ben Crump, and me to pursue every legal avenue in our
civil case to hold Keely and all others involved accountable for the
preventable death of Samuel Sterling. Samuel's family deserves answers
and justice, and we will not stop until they get both."
No comments:
Post a Comment