Former Michigan State Police Sgt. Brian Keely, facing second-degree murder and involuntary manslaughter charges, has requested that a federal judge temporarily halt the civil lawsuit brought against him by the family of Samuel Sterling, the man who died after being struck by Keely's unmarked cruiser. The incident, which occurred on April 17, 2024, resulted in Sterling's death later that day. As reported by FOX 17, Keely's attorneys filed a motion yesterday aiming to stay proceedings in the civil case pending the outcome of the criminal case.
The motion, as noted by Keely's legal team, expressed concern that moving forward with the civil case might compromise Keely's right to remain silent in the ongoing criminal matter. This represents a strategy to potentially protect himself from self-incrimination. An evidentiary hearing related to Keely's request for immunity in the criminal case is scheduled for April 21, according to WZZM 13. Keely's attorneys argue that proceeding with both cases simultaneously would leave the defendant with difficult choices regarding how to best mount his defense.
The civil lawsuit, filed in January, alleges gross negligence as well as violations of Sterling's Fourth and 14th Amendment rights against excessive force. In a statement obtained by WOOD TV, Keely's legal counsel contends there is a "complete overlap of issues" in the civil and criminal cases as they arise from the same incident. The U.S. Attorney's Office intervened in the lawsuit, which led to the federal government being substituted for Keely in the tort claims brought by Sterling's family. The rest of the lawsuit continues to be filed against Keely.
The motion filed by Keely's attorneys specifically requests the judge to also extend the time Keely has to file his first responsive pleading to the claims made in the lawsuit. The overlap of the two cases, they claim, is significant, as the civil and criminal matters both hinge on the events of April 17, 2024. "While both the criminal and civil case will have separate elements and standards of proof, proceeding with both at the same time leaves Defendant Keely with difficult choices about how to mount his defenses in each case," his lawyers wrote, as quoted from the WOOD TV report. At this point, the judge has not yet ruled on the request to pause the civil lawsuit.
