GRAND RAPIDS, Mich. (WOOD) — The actions of a former Michigan State Police sergeant who was charged in the death of a fleeing fugitive “are rife with malice and other criminal intent,” the state attorney general said in asking that Brian Keely’s murder case move forward.

The lawyers for Brian Keely have asked a federal judge to dismiss the second-degree murder charge in the death of 25-year-old Samuel Sterling. Keely’s side contends he has immunity from prosecution because he was acting as a federal officer when his unmarked cruiser struck Sterling, who was running away from officers, in a Kentwood fast food parking lot on April 17.

Michigan Attorney General Dana Nessel disagrees. Her office on Friday filed a 33-page response to Keely’s late October motion to have the federal case dismissed.

“His actions are rife with malice and other criminal intent, thereby taking them out of the realm of protected acts under Supremacy Clause immunity,” her office wrote.

“He hit Sterling with his vehicle and then pinned him against the wall of the Burger King restaurant with the vehicle,” the document continues. “There was no exigency or emergency necessitating the use of such lethal force to stop and apprehend Sterling.”

The case has been assigned to U.S. District Court Chief Judge Halas Y. Jarbou. A hearing has been set for Dec. 10 in Lansing.

Keely was initially charged in state court earlier this year, but Jarbou granted a request by Keely’s legal team to have the case transferred to federal court because Keely was assigned to a federal fugitive task force when he struck Sterling. Nessel’s office wants the case returned to state court.

Keely is free on bond.