Case involving former police officer could go to federal court

KENTWOOD, Michigan — A judge could decide whether a case against a former police officer remains in district court or becomes a federal matter.

Brian Keely, a former Michigan State Police trooper, was charged in May with second-degree murder and manslaughter in connection with the death of Samuel Sterling. He pleaded not guilty in June.

In April, Sterling was approached by officers in Kentwood on outstanding felony warrants. Sterling fled from police, and a chase ensued, which ended with an unmarked MSP patrol car driven by Keely striking Sterling, who died in the hospital later that day.

MSP said Keely was suspended without pay and confirmed that Keely retired the day before he was charged. He was a member of MSP for 26 years.

The case is currently being tried in Kentwood District Court, but Keely's defense attorneys are arguing that it should be moved to federal court. They argue, among other things, that the case belongs in federal court because Keely was a member of the Fugitive Task Force, which is run by the U.S. Marshals Service.

In a response filed in federal court, the prosecution argues that Keely was a state employee of the Michigan State Police and “was not a U.S. official or subordinate to one, nor did he act under the guise of a federal agency.”

A federal judge heard the arguments on Wednesday but did not issue a ruling.

Last week, a district judge heard the evidence in the case and said she would announce her decision on whether the evidence was sufficient to take the case to trial at 3:30 p.m. Thursday.

If the federal judge agrees to send the case to federal court, he would likely cancel this hearing.