The legal showdown over the death of Samuel Sterling took a turn on Wednesday when Chief Judge Hala Y. Jarbou of the United States District Court for the Western District of Michigan dismissed charges against former MSP Detective Sergeant Brian Keely. The ruling hinged on the Supremacy Clause of the U.S. Constitution, which provides immunity to federal officers from state criminal prosecution under specific conditions, according to the Michigan Attorney General Dana Nessel.
Attorney General Nessel charged Keely in May of 2024 with Second-Degree Murder and, alternatively, Involuntary Manslaughter. These charges were based on the actions that resulted in Sterling's death during Keely’s time operating as a member of a U.S. Marshals Service task force. Disputed by Nessel, the court ruled that Keely acted as a federal officer at the time, undermining the charges laid upon him by the state.
In her response to the dismissal, Nessel said, per the Michigan Department of Attorney General, "My Department issued these charges based on the facts and evidence in this case." She continued, highlighting the probable cause found by a state district court to bring Keely to trial for illegal action in Sterling's death. "I am disappointed that the case’s transfer to federal court ultimately resulted in its dismissal," Nessel said, expressing deep concern over the precedent that could allow federal officers to act with impunity.
Federal court jurisdiction was the crux of the case, and during an April 21st hearing, an expert for the state prosecution testified, shedding light on Keely's use of force and the improper use of the vehicle. Keely’s defense leaned heavily on the Supremacy Clause defence, saying his role in the task force granted him immunity. Evaluating appellate options is the next step for the Department of Attorney General to seek justice for Sterling's death.
