KENTWOOD, Mich — The retired Michigan State Police Sergeant facing murder and manslaughter charges is set to appear in court Monday for a key hearing in the criminal case against him.
Brian Keely appeared for a preliminary exam Monday at the 62-B District Court in Kentwood.
Watch the full hearing below:
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.
State police released video of the incident on May 10. There is no video of the impact from Keely's perspective. Because he was working as part of a federal task force, he was not wearing a body camera and his vehicle was not equipped with a dash camera.
Weeks later, Michigan Attorney General Dana Nessel announced the criminal charges against Keely.
Keely retired from Michigan State Police days after that announcement.
Sterling's loved ones say they will be packing the courtroom to show support for the charges against Keely. In a release Monday, court administrators say seating is limited in the courtroom. Once the seats are filled the court will tell people they will have to view the hearing through zoom.
“Safety, fairness and efficiency are all of great concern at the upcoming proceeding,” Judge Amanda Sterkenburg said. “We are taking precautions to ensure the preliminary examination is conducted with respect for all parties and in accordance with the law and court rules.”
Brian Keely’s preliminary examination begins in 26 minutes. The courtroom is already full. On the right you see the Sterling family and their supporters. On the left, supporters for Keely. pic.twitter.com/nz0NweOpgz
— Julie Dunmire (@juliedunmire) August 12, 2024
Keely's attorneys are actively trying to move the case to federal court. Judge Sterkenburg says until the federal court makes a decision, she will continue to move the case forward in state court.
Attorney Marc Curtis moved to have the hearing put on hold again Monday, citing a pending hearing in federal court. Judge Sterkenburg denied the motion, saying the preliminary hearing will continue as scheduled.
THE WITNESSES
The prosecutor from the Michigan Attorney General's Office first introduced the autopsy report into evidence. The AG's office noted Sterling's death was determined to be caused by blunt force trauma and was ruled accidental by the medical examiner.
The first witness called to the stand was Sgt. Ross Eagan of the Wyoming Department of Public Safety, who was also involved in the operation to apprehend Sterling.
The first witness is called to the stand. They are Ross Eagan. Eagan is with the City of Wyoming Police Department. He has been with the department 16.5 years. He is a sergeant with the metro pattern crime team.
— Julie Dunmire (@juliedunmire) August 12, 2024
Sgt. Eagan says Wyoming Public Safety had Sterling under surveillance on April 17, and requested the help of the U.S. Marshalls. Eagan told the court a tracking device on the vehicle driven by Sterling helped officers know where to find the 25-year-old: a gas station near 52nd Street and Eastern Avenue.
Eagan says there was a tracking device on the vehicle Sterling was driving. He was tracked to the Speedway at 52 and Eastern.
— Julie Dunmire (@juliedunmire) August 12, 2024
Eagan testified he was one of the officers who chased Sterling when he ran from the gas station. The Wyoming Sergeant was wearing a body camera during the operation. Video from that camera was played during the hearing.
Watch the first video from the body camera below:
Watch the second video from the body camera below:
The video showed Sterling being hit by an SUV outside a Burger King restaurant.
The recording put someone in the crowd into tears. FOX 17 crews herd the person out in the hallway crying.
In the video, officers can be heard asking Sterling where he is hurt. He responded he was hurt in his back.
"Please help me. Please help me." Sterling said as medical first responders arrived.
Sgt. Eagan says he is the supervisor of MPCT, a regional task force made up of officers from multiple agencies in the Grand Rapids area. That's why he was wearing a body camera when Keely was not.
When questioned by Keely's attorney, Eagan said they were concerned that Sterling was armed. However no gun was found with Sterling or in his vehicle. Eagan testified 350 grams of marijuana was found in the SUV.
The second witness of the afternoon was Detective Sergeant Aaron Tubergen from Michigan State Police.
Tubergen testified he's known Keely for at least 7 years and the two spoke the day Sterling was hit. Tubergen said Keely called him, asking if he was responding to the scene and telling the Detective Sergeant he had contacted his union representative.
Tubergen later collected surveillance video from the Burger King.
Tubergen testifies he obtained surveillance video from the Burger King.
— Julie Dunmire (@juliedunmire) August 12, 2024
The Attorney General's Office also played video from the body camera worn by Michigan State Police Trooper Joshua Ellis, which showed another angle of Sterling being hit by the vehicle driven by Keely.
The third person called to the witness stand is a manager with Michigan State Police's audio/video analysis unit. Keely's attorney objected to his testimony because he said they did not receive notice the certified forensic video technician would be testifying Monday.
The judge called a recess to discuss the objection with the attorneys.
Following the recess, the state decided to dismiss the video technician and moved on to Michigan State Police Sergeant Allen Avery who specializes in traffic crash reconstruction. Avery responded to the scene to handle the investigation into the impact between the SUV and Sterling.
He told the court there was no damage to the building and the SUV on had scuff marks on the front tires.
State police could not find the keys to the vehicle and it was locked, according to Avery. The SUV, which was bought by the federal government and given to the state, was towed from the scene.
Avery notes the vehicle that hit Sterling did not have much damage. Some scuff marks to the front tires, he said. The vehicle was moved backward, Avery says, to allow Sterling to get help.
— Julie Dunmire (@juliedunmire) August 12, 2024
Avery says a data box in the SUV tracked the deceleration and steering wheel angle, along with triggering a pre-response to safety features like seat belts and airbags.
Keely's vehicle was traveling at 15 mph when it hit sterling, per Avery's testimony.
Prosecutors assert Keely steered the cruiser toward Sterling based on the evidence they provided. Meanwhile, the defense says Keely applied the brakes, adding there was no "malice" behind Keely's actions to justify a second-degree murder charge.
The judge concluded the hearing by saying the video needs to be reviewed further before a decision can be made on whether the case will be bound over to circuit court. That decision is expected Aug. 22.
The judge is saying they need to review the videos more before issuing a ruling on the issue of probable cause before making a decision. They will have a decision on August 22.
— Julie Dunmire (@juliedunmire) August 12, 2024
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