A federal judge has dismissed the criminal charges against former Michigan State Police (MSP) Detective Sergeant Brian Keely related to the death of Samuel Sterling.
Michigan Attorney General Dana Nessel charged Keely in May 2024 with one count of second-degree murder or, alternatively, one count of involuntary manslaughter.
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“My Department issued these charges based on the facts and evidence in this case. After a thorough review of the extensive evidence before a state district court, this case was bound over for trial based on a judge’s finding of probable cause that Keely illegally ended the life of Samuel Sterling.
I stand by our arguments in that court, as well as those before the federal judge, that Keely was not acting reasonably under the circumstances, nor as a federal officer in a manner consistent with federal immunity from state prosecution.
I am disappointed that the case’s transfer to federal court ultimately resulted in its dismissal and am deeply concerned with the precedent it sets—that individuals deemed federal officers by federal authorities can commit lethal crimes against Michigan residents with impunity.
Such a precedent is dangerous and fundamentally undermines the principles of justice and accountability our legal system is meant to uphold.
Regrettably, the circumstances of the killing of Samuel Sterling were never presented to a jury.
No one should be above the law, and my office remains committed to ensuring those who break it are held accountable.
I am grateful for the determined, persistent work of my team on this difficult case and my heart breaks for the loved ones left behind by Mr. Sterling and the community who mourns him.
This outcome is nothing short of a miscarriage of justice and my Department is considering our next steps.”
Michigan Attorney General Dana Nessel
On April 21, a hearing was held on Keely’s motion to dismiss based on the Supremacy Clause, during which Nessel presented testimony in support of her arguments against the dismissal of charges.
At that hearing, an expert for the state prosecution testified that the use of force was excessive and the use of the vehicle improper.
The Department of Attorney General is currently exploring appellate options in this matter.
Attorney Ven Johnson, who represents the family of Sterling in civil lawsuits against Keely and Kent County, issued a statement on the decision.
“We are deeply disappointed by the court’s decision to dismiss the criminal charges against Sgt. Brian Keely.
It sends a troubling message that a police officer can run over an unarmed man and avoid facing a criminal jury.
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.”
Ven Johnson
