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LANSING – Today, Chief Judge Hala Y. Jarbou of the United States District Court for the Western District of Michigan, citing the Supremacy Clause of the United States Constitution, 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. She issued the following statement in response to today’s dismissal of the charges:
“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—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 of justice and my Department is considering our next steps.”
The Supremacy Clause of the United States Constitution provides immunity to federal officers from state criminal prosecution so long as their actions were no more than were necessary and proper. The case was moved to federal court when Judge Jarbou ruled Keely was operating as a federal officer under the command of the U.S. Marshals Service at the time of Sterling’s death. The Attorney General, while acknowledging Keely was operating that day as a member of a Marshals Service task force, argued Keely was not entitled to federal officer status and remained at all times a state officer employed by.
On April 21st, a hearing on Keely’s motion to dismiss based on the Supremacy Clause was held before Judge Jarbou, where the Attorney General presented testimony in support of her arguments against the dismissal of charges. At that hearing, an expert for the state prosecution testified 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.
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