Judge throws out murder charge against Michigan officer who struck a fleeing man

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A judge dismissed a murder charge against a Michigan police officer who struck a fleeing man with his unmarked SUV, saying his role with a federal task force gives him immunity from state prosecution.

There was no evidence that state police Det. Sgt. Brian Keely “did no more than what was necessary and proper” to catch a man wanted for various crimes, U.S. District Judge Hala Jarbou said Wednesday.

Samuel Sterling, 25, died after he was pinned against a wall at a Burger King in Kentwood in April 2024. At that time, Keely was part of a U.S. Marshal Service group that tries to catch fugitives in western Michigan.

“Sterling was actively attempting to evade arrest, leading multiple officers on an extended chase in a populated area,” the judge said. “Because Keely and the other officers reasonably believed Sterling was armed, they had good reason to believe that Sterling posed a significant threat to the safety of officers and the public.”

Sterling was on foot. Keely made a reasonable decision to try to block him from entering the Burger King, even if the officer's actions were risky, Jarbou said.

The judge said it is "well settled" that a state can’t prosecute a federal officer if the officer acted properly. Keely was charged with second-degree murder.

Michigan Attorney General Dana Nessel said the decision was “nothing short of a miscarriage of justice.”

Keely's attorneys said Sterling, who had past convictions, made things worse by running. There were six warrants out for his arrest, including an allegation of assault against his father and probation violations, the judge said.

“This ruling not only vindicates our client but also sends a strong message in support of those who serve with honor and integrity,” Keely's lawyers said in written statement.