KENTWOOD, Mich. (Michigan News Source) – In Kentwood, Michigan, the death of Samuel Sterling has sparked intense controversy and renewed debates about racial bias within law enforcement.

Sterling, a 25-year-old Black man, died on April 17th after being struck by an unmarked vehicle driven by an undercover Michigan State Police officer while fleeing from the police. A video of the incident was released by the MSP and can be seen here.

What happened?

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On that fateful day, Sterling, who had two felony warrants, fled from law enforcement officers. A fugitive team spotted him putting air in his tires, prompting him to flee on foot when approached by law enforcement.

Sterling’s escape was stopped outside a Burger King in Kentwood when Detective Sgt. Brian Keely, a white officer from the Michigan State Police’s Sixth District Fugitive Team, drove his vehicle towards Sterling in what looks like an attempt to cut him off from running any further. The video shows that his SUV struck Sterling as he continued to flee after being yelled at by other officers to stop. This incident occurred as Sterling was running towards an occupied restaurant.

Multiple police officers quickly surrounded Sterling, who was lying on the ground near the Burger King drive-thru, between the SUV and the restaurant wall. Officers called for medical help immediately, instructing Sterling to remain still and focus on his breathing while awaiting medics.

Sterling was transported to University of Michigan Metro Health Hospital, where he succumbed to his injuries, which included “multiple blunt force injuries.” His death certificate lists the manner of death as an “accident.”

However, Sterling’s family and community members dispute the “accident” classification, and are demanding answers and accountability.

Ben Crump, an attorney representing the family of Sterling, had said in a news conference last month that the police can’t “run over our children, using a police cruiser like a deadly weapon.”

At a press conference at Renaissance Church in Grand Rapids on Friday, April 26th, former Kent County Commissioner Robert Womack spoke about crimes that “they” (police) perpetrate “systematically and automatically, especially when it comes to the young men in our community.” He went on to say that the officer’s actions were “not an accident” and instead were “very intentional.” He said “we will get justice” and led the people in the church into chants of “Justice for Samuel!”

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Womack also introduced Ben Crump, nationally renowned civil rights attorney and a lawyer for the Sterling family, calling him the “black attorney general” for his community. Crump stood in front of a podium talking about police “killing our children” and referenced getting justice for Sterling like they did for George Floyd and Breonna Taylor.

Who was Samuel Sterling?

Media reports indicate that court records show that Sterling had a criminal history, including a 2021 conviction for carrying a concealed weapon, being a felon in possession of a firearm, and stealing a financial transaction device. He served 210 days in jail and was on probation for three years. Sterling also had a 2017 conviction for auto theft, violated his probation in 2022 and a bench warrant was issued. Also in 2023, a bench warrant was issued for failing to obey a lawful police order.

MSP investigation and legal proceedings.

The Michigan State Police (MSP) promptly investigated the incident at Burger King, with the Fifth District Investigative Response Team (IRT) conducting a thorough inquiry. The IRT is comprised of detectives from different districts who investigate critical incidents involving MSP officers. Their investigation concluded on May 10th, and their findings and their evidence was handed over to Attorney General Dana Nessel’s office.

AG announces criminal charges.

Attorney General Nessel announced criminal charges against 50-year-old Sgt. Keely on Tuesday, May 28th. He faces charges of second-degree murder (a life offense) and involuntary manslaughter (a 15-year felony). Nessel stated that Keely’s actions were “legally, grossly negligent” and created a high risk of death or great bodily harm that could have been avoided. Keely’s arraignment in the 62-B District Court in Kentwood is pending.

While Michigan law appears to allow officers to use deadly force to apprehend fleeing felons, legal experts question its application in this case. William Ortman, an associate professor of law at Wayne State University, expressed skepticism, telling MLive, “It looks unreasonable and unnecessary” to use such force to prevent Sterling from escaping.”

Response from MSP leadership and political figures.

MSP Director Col. James F. Grady II met with Sterling’s family before releasing the incident footage to the public. Grady, the third Black director to lead the MSP, has emphasized transparency and cooperation with the Attorney General’s office.

Governor Gretchen Whitmer was quick to condemn Sterling’s death as “unacceptable” before the investigation was even concluded, calling it a “departure from MSP protocols and the high standards of the department.” She stated that the state should take steps to terminate Keely’s employment if charges were issued. Lieutenant Governor Garlin Gilchrist II also demanded “answers, accountability, and justice” and called the incident an “absolute tragedy.” He added, “I hear, see and feel the incredible pain that people are experiencing right now.”

Controversy over suspension without pay.

A source close to the situation has told Michigan News Source that the Michigan State Police Troopers Association (MSPTA) has criticized the decision to suspend Keely without pay, calling it a violation of their collective bargaining agreement leading the union to file a contractual grievance.

However, the collective bargaining agreement we’ve linked to shows that in Article 8, Section 3d, “When the Director or Acting Director forms a reasonable belief that an employee has committed a felony, as defined by the Michigan Penal Code, or in the event of a misdemeanor for which a warrant has been issued, he or she may suspend the employee without pay for such period as is required to reach a final determination through the procedures of this Agreement.”

Such a rule appears to allow hasty judgement before a police officer is awarded a fair trial.

Additionally, Keely’s actions seem to fall within the scope of the MSP’s departmental policy on the use of deadly force which was outlined in a document dated April 19, 2022 which you can see below.

It defines deadly force as any use of force that creates a substantial risk of causing death or serious bodily harm.

The document goes on to say, “Deadly force shall be exercised only when all other reasonable efforts to subdue the subject have failed or reasonable effort cannot succeed without endangering the life of the enforcement member or others.”

If the sergeant felt that the suspect posed a threat to the patrons at the restaurant, the officers or the surrounding community, it appears that his actions would be justified under the MSP policy.

Legal representation and comparisons to similar cases.

Keely’s attorney, Marc Curtis, stated that Keely is “heartbroken” and had no intention of harming Sterling. He also said in a statement that his client is a 25-year veteran of the State Police who once received an award for rescuing a hostage. He also claims that AG Nessel has “chosen to ignore the facts of this incident and rely on political pressure.”

There was a similar incident recently that involved the fatal striking of 17-year-old Riley Doggett on May 9th by a police officer during a high-speed chase. Unlike Keely’s case, the officer was not charged, and instead, the driver of the stolen vehicle Doggett was fleeing from was charged with causing his death. The prosecutor found no evidence of intentional deadly force in Doggett’s case. Both the officer and the victim were white in this incident.

No response from the MSP after AG announces charges.

Michigan News Source reached out to the MSP to see if they had an official statement after the criminal charges were announced by the AG. However, no new statements were given by Shanon Banner, Director of Communications & Outreach Division. She referred us to the earlier May 10th statement by the director here where Col. Grady said the MSP would “fully cooperate” with the AG’s review of the case.