Judge drops case against Michigan detective who hit and killed Samuel Sterling

Samuel Sterling pictured running on dashcam. The gray SUV at left was driven by Det. Sgt. Brian Keely. Inset: Keely appears in court.

KENT COUNTY, Mich. (FOX 2) - A judge dismissed the case against a former Michigan State Police detective charged with murder after hitting a fleeing man with his vehicle.

Hala Jarbou, the chief district judge of the United States District Court for the Western District of Michigan, ruled Wednesday that there was not enough evidence presented for the case against Brian Keely to proceed.

The backstory:

D/Sgt. Brian Keely was charged with second-degree murder and involuntary manslaughter for the April 17, 2024, death of Samuel Sterling in Kentwood.

Keely and other members of the MSP Sixth District Fugitive Task Force were attempting to arrest Sterling when he fled on foot. Some law enforcement officers pursued Sterling in their vehicles, while others were on foot.

Michigan Attorney General Dana Nessel said Keely was in an unmarked vehicle when he turned and hit Sterling in the parking lot of a Burger King restaurant. Video showed the vehicle pinning Sterling against the building.

After he was hit, Sterling, who was wanted on several warrants, was handcuffed and told to breathe and relax while waiting for paramedics. He was taken to a hospital, where he later died.

Keely later retired.

The case was moved to federal court because Keely was working as part of a federal task force when he hit Sterling. The case was tossed in federal court after Keely filed a motion to dismiss the charges.

What they're saying:

In her decision to toss the charges, Jarbou wrote that the state did not present "sufficient evidence to create a genuine dispute about whether Keely acted pursuant to federal law and did no more than what was necessary and proper for him to do in attempting to apprehend Sterling."

She also said that Keely was entitled to immunity.

The other side:

Attorney Ven Johnson, who is representing Sterling's family in civil lawsuits against Keely and Kent County, said in a statement that the dismissal "sends a troubling message that a police officer can run over an unarmed man and avoid facing a criminal jury."

He also addressed the ruling during a press conference about the shooting death of Patrick Lyoya, a driver who was killed by Grand Rapids police officer Christopher Schurr in 2022.

"When's the last time you all heard where there was a murder trial pending, and the judge threw the case out, before trial?" Johnson said when asked about the Keely case. "And the answer is, although I'm sure it's possible, it happens so rarely. But when it comes to the police, it's different. So it is a disturbing trend, to say the least."

Full statement:

"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."

The Source: Previous FOX 2 reporting, a court ruling from Judge Jarbou, and a press release from Ven Johnson were used to report this story.