LANSING, Mich. — With closing arguments wrapped up, it is now up to Chief Judge Hala Y. Jarbou to determine if former Michigan State Police Sgt. Brian Keely’s case should be moved to federal court.
Jarbou dismissed people from her courtroom inside the Charles E. Chamberlain Federal Building in Lansing around noon Wednesday after a three-hour evidentiary hearing.
Before calling for recess, she told members of the court she was “going to take the time [she] needs to make this decision. I will get something out fairly quickly.”
It’s unclear how quickly that may be.
Lance LoRusso and Marc Curtis, both members of Keely’s defense team, speculated it could come down either late Wednesday or Thursday.
There is a separate hearing in Kentwood District Court already scheduled for 3:30 p.m. Thursday afternoon. If Jarbou decides this case should be elevated to the federal level, this district hearing would be removed from the calendar.
Keely is charged with second-degree murder and manslaughter in the death of Samuel Sterling. Sterling died after he was hit by the unmarked vehicle Keely was driving during an attempt to take Sterling into custody on April 17 near 52nd Street and Eastern Avenue in Kentwood.
Sterling was a target of a U.S. Marshals task force that finds people with outstanding warrants. The 25-year-old had a warrant for absconding probation.
Keely’s lawyers first filed a motion to move this case to federal court on July 29, citing the federal officer-removal statute. This state's federal officers have the ability to remove cases against them to federal court.
Michigan Attorney General Dana Nessel previously filed a response to this motion, saying that moving this case would be “misplaced.”
On Wednesday, Richard Cunningham, who prosecutes cases for the AG’s office, tried to make the distinction between a federal employee versus a federal officer. Since Keely does not earn his paycheck or receive benefits through the U.S. Marshals Service, Cunningham said Keely is not a federal employee and therefore does not qualify for the removal statute.
Keely’s lawyers said because the U.S. Marshals task force, of which Keely had to earn special deputization to become a member, was called in to use their federal resources to assist with the search warrant and apprehend Sterling, then Keely’s role as a federal officer is the only reason he was at the scene in the first place. Therefore, he was operating in such a capacity that entitles him to that removal statute.
“There’s no advantage to moving this case to federal court. It’s just the law,” LoRusso told FOX 17 as he left the courtroom.
During his closing arguments, Cunningham pleaded with Judge Jarbou that, even if she does determine Keely was acting under the character of a federal officer, there is “compelling state interest in this case” and should be kept at the state level.
Keely’s lawyers said, regardless of today’s decision, they will eventually argue in support of Keely’s immunity via the Supremacy Clause, which states federal officers cannot be prosecuted for any state crimes they commit while carrying out their duties.
When Judge Jarbou announces a decision regarding the removal of this case to federal court, FOX 17 will update this story.
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