A federal judge has dismissed murder charges against a former Michigan state trooper who chased down a Black man in his patrol car and onto a sidewalk to strike and kill the fleeing man who was unarmed.
The incident took place on April 17, 2024, after a federal task force made up of federal, state and local cops attempted to arrest Samuel Sterling on several warrants, including one for domestic violence, as the 25-year-old Black man was pumping air into his tires at a gas station.
Sterling took off running, prompting a foot chase with several law enforcement officers.
However, Michigan state trooper Brian William Keely chased after Sterling in an unmarked SUV as the Black man appeared to be trying to enter a Burger King.
A surveillance video shows Sterling was running on a sidewalk when Keely drove his vehicle over the curb and struck him, pinning him between the SUV and the wall of the fast food restaurant. He was pronounced dead hours later at a local hospital.
“I’ve got no gun,” said Sterling, who was crying out in pain, according to body camera footage released a month after the incident. “Why you hit me like this?”
Less than two months later, Keely was charged with second-degree murder and manslaughter which could have sent him to prison for life.
“Detective Sergeant Keely’s actions that day were legally, grossly negligent and created a very high risk of death or great bodily harm, which could have otherwise been prevented,” Michigan Attorney General Dana Nessel said to local media after announcing the charges against the cop.
Keely, who was 50 years old and had been a cop for half his life, retired shortly afterward.
In his report following the incident, Keely claimed he was merely trying to keep Sterling “safe” when he drove upon the sidewalk and was only trying to keep him from entering the Burger King.
For the safety of Sterling, my team and the public, my primary objective then became to get to the restaurant door before Sterling did. * * * . . . I drove in at an angle which I believed would cut Sterling off from the door and cause him to change direction away from the Burger King lobby. This would also cause Sterling to have to stop or change directions, slowing him down. Placing my vehicle in his path would also allow me to exit my vehicle and attempt to apprehend Sterling.
Federal Judge’s Opinion
Chief United States District Judge Hala Y. Jarbou dismissed the case against Brian William Keely last month on the basis of the “supremacy clause,” which establishes that federal law supersedes state law, providing Keely with immunity by preventing the case from going before a jury because his actions were deemed “no more than were necessary and proper” under federal law.
In this case, Keely was part of a federal task force the day he killed Sterling even though he works for Michigan State Police — which apparently gives him more of a legal right to kill unarmed citizens.
Jarbou also based her decision on the testimony of former cops who were called as “experts,” testifying that Keely acted “reasonable” when he struck Sterling, who had active warrants for his arrest, siding with Keely in that he was only trying to block his path into the Burger King.
One of those experts, Thomas Langley, described in the judge’s opinion as a “traffic accident reconstructionist” is a retired Cobb County police officer from Georgia and claimed that Keely was trying to avoid striking Sterling – but Sterling ran into the path of the vehicle, leading to his own death.
According to Langley’s analysis, Keely briefly accelerated in the direction of the door to the restaurant and then applied his brakes when he was around fifteen feet away from Sterling, about two seconds before impact.
Keely continued braking with increasing force until his vehicle skidded on the wet pavement and then went over the curb near the door.
Keely was not driving directly at Sterling; rather, his path, which curved slightly toward the restaurant, was aimed at the entrance to the Burger King in front of Sterling.
Sterling turned his head and saw Keely’s vehicle approach about a second before impact. Nevertheless, Sterling continued forward until he and the vehicle collided with one another.
Another former cop described in the judge’s opinion as an “expert on the use of force,” Dr. Marc Edward Brown, who spent five years working for the Department of Homeland Security as well as ten years for two police departments in South Carolina, also testified that Keely was only trying to prevent Sterling from entering the Burger King.
Moreover, its own expert on the use of force, Dr. Marc Edward Brown, conceded that there is “no doubt” that Keely subjectively believed that “Sterling getting into the Burger King was a threat to the public.”
Brown also conceded that there was no evidence that Keely intentionally hit Sterling with the vehicle. Finally, the path of Keely’s vehicle toward the door of the restaurant rather than toward Sterling indicates that Keely’s goal was to contain Sterling and to prevent him from entering the restaurant rather than to injure him.
And a third expert witness, Paul Massock, who is an ATF federal agent, testified that it was “appropriate, reasonable, and necessary” for Keely to drive upon the sidewalk to keep Sterling from entering the Burger King.
Massock also believed it would have been “extremely” dangerous for Sterling to enter the Burger King restaurant because Sterling could have taken someone hostage or ambushed officers who entered.
Possible Appeal and Pending Lawsuit
Michigan Attorney General Nessel issued a statement expressing disappointment with Jarbou’s decision to dismiss the case and said she is considering filing an appeal.
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—that individuals 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.
While Keely has been cleared of criminal charges for now, a pending civil lawsuit remains pending against him filed in January by Sterling’s mother, Andrica Cage, who is being represented by Detroit attorney Ven Johnson.
The lawsuit accuses Keely of violating Sterling’s Fourth and 14th Amendment rights as well as gross negligence. According to the lawsuit, Keely not only deliberately struck Sterling but also violated departmental policy by engaging in the chase in the first place:
As Keely drove from behind Samuel, on the left side of Samuel’s body, a brick wall, which ran along the same side of the Burger King building as did the drive-thru lane, was positioned to Samuel’s immediate right.
As he drove over a raised curb, Keely continued to aim the SUV at Samuel, slamming Samuel against the brick wall of the building and pinning Samuel’s body with the SUV’s front passenger side.
Keely’s pursuit came to a deadly end slightly over 1,000 feet from where it began.
Kentwood Fire Department urgently transported Samuel to University of Michigan Health West Hospital via ambulance.
Less than five hours later, Samuel was pronounced dead.
Samuel’s death was a direct result of the multiple blunt-force injuries he sustained when Keely struck him with the SUV.
Pursuant to MSP’s official policy order, an unmarked vehicle “shall not initiate or engage in vehicle pursuits.”
Cage told local media new video was introduced in the courtroom that indicates the cop deliberately tried to kill her son.
“If you have seen the video, you can see clear as day he murdered my son, there is no ifs, no ands, no nothing,” Cage said.
“Should no parent on this earth burry their own child, should no parent have to go through this, it doesn’t matter who you are.”
Keely was not wearing a body camera, nor did his car have a dash camera, but several other cops at the scene were wearing cameras as well as the surveillance video from Burger King, which you can watch in the video below.
