KENTWOOD, Mich. — In a Kentwood courtroom on Monday, the next step in the criminal prosecution of a now retired Michigan State Police sergeant took place.
Brian Keely was working as part of a federal task force when the vehicle he was driving hit Samuel Sterling. The incident happened in April. Sterling died from the injuries he suffered.
The task force was attempting to arrest Sterling for absconding probation.
The courtroom was packed with friends and family of Sterling for Keely's probable cause conference.
More than 80 people participated in the hearing over Zoom.
“Let me know that the community is listening,” Samuel Sterling's mother, Andrica Cage, said.
Keely appeared remotely with his attorney.
The whole case weighs heavily on Samuel Sterling's mother.
“I’m not really processing. I’m still crying. I’m seeing a counselor now. It’s just hard. The longer that goes by, the harder it gets,” Cage said.
In court it was discussed that the case is on a federal docket, but it will remain in the local court system unless there is direction given otherwise.
The prosecuting attorneys, which are part of the state's attorney general's office, appeared in person. They spent more than two hours explaining the process to Sterling's parents.
The family's civil attorney, Ven Johnson, explained why the case appears on a federal docket.
“What’s happening is since Keely was on a federal task force, primarily made up of folks who are state employees or county employees or city employees. The argument is that federal should control. In the event that Samuel had been arrested, it was for state charges. He would have been housed in a state facility, a county jail. He would have been prosecuted in the state. Obviously, there’s a violation of Michigan State law by way of murder, and homicide in the second degree as they have charged. So it’s going to be, we believe, it will be sent back and clarified that it should stay exactly right here.”
Ven Johnson also issued FOX 17 a statement on today's hearing:
“For the Samuel Sterling criminal trial, we attended a probable cause conference today for Brian Keely with the Sterling family to support our clients through this impossibly heartbreaking journey. Keely’s defense filed a notice of removal to the United States Federal Court and argued the criminal case must be tried under federal law since Keely was on a federal task force. The Attorney General’s prosecution team objected and believes that argument is meritless and will result in a federal judge ruling soon.
"For now, Keely’s preliminary trial is scheduled for August 12 in 62-B District Court in Kentwood. We will, of course, be in attendance with our clients, where we expect Judge Amanda Sterkenburg to ultimately rule that there is probable cause to believe that Keely is guilty of second-degree murder.
"As it relates to the civil case, we have not yet filed as we are still awaiting receipt of the full and complete investigation from the Michigan State Police.”
Keely's next court date remains unchanged. His preliminary examination is set for Aug. 12.
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