GRAND RAPIDS, Mich. — Michigan's Attorney General says the criminal charges against a former state police Sergeant should stay in the state-level court.
Dana Nessel's office filed a response to a motion on Monday, July 29, saying the attempt to move the case against Brian Keely to federal court would be "misplaced."
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.
Just over a month later, Michigan Attorney General Dana Nessel announced the criminal charges against Keely.
Keely retired from Michigan State Police days after that announcement.
After being arraigned in Kentwood District Court, Keely's lawyers filed a motion in U.S. District Court in Grand Rapids, arguing the case should be tried in federal court. The attorneys say Keely was acting as part of the U.S. Marshals task force, arguing that should provide him with protection from charges at the state level under a statute that provides federal officers with the benefit of moving any case against them to federal court.
Nessel argues in her response that Keely does not qualify as a federal officer. She also wrote to federal court that Keely could make his arguments on federal law through the state court.
Keely is currently set to appear in Kentwood District Court on August 12.
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