GRAND RAPIDS, Mich. — Nearly a month after a federal judge dismissed the murder case against a former Michigan State Police sergeant involved in a deadly cruiser collision, the state has announced plans to appeal the decision.
The U.S. District Court dismissed charges of second-degree murder and involuntary manslaughter against Brian Keely in connection with the 2023 death of Samuel Sterling. The judge ruled that Keely was immune from state prosecution under the Supremacy Clause of the U.S. Constitution, which can shield federal officers from state charges when acting within the scope of federal duties.
Keely argued that he was serving as a federal officer while attempting to arrest Sterling, and therefore could not be prosecuted under state law. However, Michigan Attorney General Dana Nessel strongly disagreed, contending that Keely was operating as a state employee at the time of the incident.
Calling the dismissal a “miscarriage of justice,” Nessel stated in May, “We believe strongly that this family deserved to have their day in court and that all the facts and all the evidence should be presented to a jury, who could then make their decision as to whether or not the defendant was guilty or not guilty of that offense.”
On Monday, Nessel filed a formal notice of appeal in U.S. District Court, signaling the state’s intent to bring the case before the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.