Judge gives Michigan 30 days to respond to retired MSP detective’s federal court motion

LANSING, Michigan — The state of Michigan has 30 days to file a brief explaining why the trial of former Michigan State Police Detective Sergeant Brian Keely should not take place in federal court, according to a ruling by Judge Hala Y. Jarbou on Wednesday.

Keely, 50, of Grand Rapids, is charged with the murder of 25-year-old Samuel Sterling of Kentwood.

In a hearing in the U.S. District Court for the Western District of Michigan (Southern Division), Keely’s defense argued that the retired detective’s trial should be moved to federal court because he was on duty as a federal agent at the time of the incident.

According to documents presented in court, Keely was sworn in as a member of the U.S. Marshal’s Service in December 2023.

As part of the U.S. Marshals, Keely assisted the Kent County Metro Pattern Crime Team in attempting to apprehend Sterling.

Keely, along with other members of the Fugitive Team, was briefed on the plan and informed about the 25-year-old’s criminal past, which included several arrest warrants against him.

Sterling was on the run from police when he was hit by Keely in an unmarked vehicle as he attempted to enter a Burger King.

Since Wednesday he has been charged with premeditated murder and negligent homicide.

According to the documents, Keely was unaware of whether or not he had hit Sterling.

Sterling was pushed against the wall of the Burger King, but Keely’s team argued that he did not intentionally try to hit him. Sterling later succumbed to his injuries.

Keely’s defense argued the following reasons why his trial should be moved to federal court:

• Keely acted as a federal official and not as a state official
• Keely did not go beyond the necessary measures set out in his requirements as a federal employee
• Keely acted under the guise of his office, which means he had reason to believe he had arrested a dangerous criminal

Keely’s attorney, Lance J. LoRusso, did not give an interview to News Channel 3 but said in a statement: “Brian (Keely) is a compassionate person who has served his community for a long time. That’s why he became a police officer. We are happy to represent him.”

Separately, the Attorney General’s office issued a statement to News Channel 3 saying that state court was the “appropriate venue” for Keely’s trial and that it would present its arguments in briefings.

“These are state charges alleging violations of state law and as such should be tried in state court,” officials said.

Ven Johnson, Sterling’s family attorney, told News Channel 3 that Judge Yarbou made the right decision.

“It gives the state sufficient time to ensure that it can conduct the appropriate legal research and prepare this document,” Johnson said.

Johnson further argued that Keely’s defense request to move his trial to federal court was a delaying tactic.

“It keeps Keely off the streets and prevents him from getting any closer to a trial where he may have to choose between pleading guilty or going to trial and being found guilty,” Johnson said.

The State of Michigan must submit its statement by July 29, after which the defense will have one week to respond.

Keely is expected back in court on August 12 to give evidence.