GRAND RAPIDS, MI — A judge’s dismissal of a former Michigan state police trooper’s murder case sends a “troubling message,” according to the family attorney for the man fatally injured during a fugitive arrest.

U.S. District Court Judge Hala Jarbou dismissed a second-degree murder charge against Brian Keely on Wednesday, May 28.

She ruled that he should be granted immunity under the supremacy clause of the United States Constitution because he was acting as part of a U.S. Marshal’s task force.

Related: Ex-Michigan trooper gets ‘long overdue relief’ with murder charge dismissal: attorney

Keely was part of fugitive team trying to arrest 25-year-old Samuel Sterling in the area of 52nd Street and Eastern Avenue on April 17, 2024.

Sterling ran on foot from officers and Keely drove an unmarked vehicle in pursuit. As Sterling ran next to a Burger King, Keely maneuvered his unmarked police vehicle to try to pull in front of Sterling.

He struck Sterling and briefly pinned him against the building wall. Sterling later died.

State Attorney General Dana Nessel filed a second-degree murder charge against Keely.

Ven Johnson, an attorney representing Sterling’s family in a civil lawsuit, said the dismissal was discouraging.

“We are deeply disappointed by the court’s decision to dismiss the criminal charges against Sgt. Brian Keely. It sends a troubling message that a police officer can run over an unarmed man and avoid facing a criminal jury,” he said.

Johnson said the civil case against Keely will continue.

“Samuel’s family deserves answers and justice, and we will not stop until they get both,” he said.

The day of the fugitive arrest, Sterling was wanted on several warrants. Jarbou said one involved him allegedly brandishing a handgun and assaulting his father.

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