Virgil Smith Jr.

Virgil Smith Jr. (born December 18, 1979) is a Democratic former member of the Michigan Senate. Smith previously represented the 4th Senate District, which is composed of Allen Park, Lincoln Park, Southgate, and the north side of Detroit. From 2003 to 2008, Smith served as a member of the Michigan House of Representatives.

Virgil Smith Jr.
Member of the Michigan Senate
from the 4th district
In office
January 1, 2011 – April 12, 2016
Preceded bySamuel "Buzz" Thomas
Succeeded byIan Conyers
Member of the Michigan House of Representatives
from the 7th district
In office
January 1, 2003 – January 1, 2009
Preceded byHansen Clarke
Succeeded byJimmy Womack
Personal details
Born (1979-12-18) December 18, 1979
Detroit, Michigan, US
Political partyDemocratic
ParentsVirgil C. Smith (father)
Alma materMichigan State University (B.A.)
Western Michigan University (M.A.)

Personal life

Smith is the son of Third Judicial Circuit of Michigan Chief Judge and former Michigan State Senator Virgil C. Smith.[1]

On May 6, 2009, Smith married Anistia Thomas. Smith filed for divorce in July 2009, citing a marital breakdown beyond repair.[2] Thomas denied that there was a breakdown in the marriage and counter sued for an annulment.[3] Smith later consented to his wife's request for an annulment, which Wayne County Circuit Judge Charlene Elder granted on Oct. 6, 2009. The couple have no children.[4]

Thomas had resumed an intimate relationship with Smith, prior to a May 2015 shooting, in which Smith shot at Thomas' vehicle.[5]

Education

Smith did his undergraduate studies Michigan State University earning a degree in political science. He received his master's degree in public administration at Western Michigan University.[6]

Criminal and civil history

Minor in Possession of Alcohol

In 2000, Smith was arrested for minor in possession of alcohol, according to Michigan Secretary of State spokesman Fred Woodhams.[7]

Impaired Driving

In February 2004, Smith was charged with operating while impaired by liquor; in August 2004, he was charged with operating while intoxicated. Smith's license was revoked in 2004 and was reinstated in December 2008.[8] In 2010, Smith was pulled over by Detroit police for speeding on 7 Mile near Woodward. During the stop, the officer detected a “strong odor of intoxicants.” Smith's blood-alcohol level was twice the legal limit to drive. With two drunken-driving convictions in the past decade, Smith faced up to 10 years in prison on a third conviction. Wayne County Prosecutor Kym Worthy passed off the drunken-driving case, citing a "potential conflict" involving Smith's father.[9]

Felonious Assault

On May 10, 2015, Smith was charged with domestic violence, malicious destruction of property and felonious assault after he got into an altercation with his ex-wife, Anistia Thomas, at his home on the 18600 block of Wexford in Detroit's east side.[10]

That evening, an intoxicated Smith invited Thomas to stay the night at his home, meeting her naked at the front door.[11] After Thomas entered the home, she discovered another woman in Smith's bed. A fight followed, during which Smith punched Thomas four to five times in the face causing swelling. Smith then rammed Thomas' head into the floor and wall after she fell into a TV.[12] Next, Smith put his arm into the back of Thomas' neck, preventing her from breathing. As Thomas left the home, she fell over railing and hit her face on the concrete.

When Thomas got up, she noticed Smith was "holding a big gun in the air". Smith then fired several shots into Thomas's 2015 Mercedes Benz GLA250.[13] Thomas ran into a nearby alley and fled into the nearby home of a friend, “who allowed her to call 911 and clean her wounds.” The friend later tried to retrieve vehicle, but it was “unable to start due to gunshot damage." Evidence technicians later found three bullet holes in the vehicle's hood; two in the driver's side headlight; two in the driver's side front fender; and one each in the driver's side door, windshield, and rear driver's door pillar.[14] Smith called it the stupidest thing he had done in his life.[15]

On May 12, 2015, Thomas requested a personal protection order (PPO) against Smith, which was authorized. In the application, Smith alleged two additional domestic violence incidents involving Smith: one in 2007, the other in 2008. In 2007, Thomas alleged that after she let Smith into her home, he ran after her with "arms out to grab the back of my neck." Thomas then ran to her father's apartment, where he fired a weapon into the air, causing Smith to leave. In August 2008, Thomas alleged that Smith accused her of stealing his iPod, leading him to pull a gun on her and her mom and "threatened to shoot up my parents' house." Thomas wrote that Smith was intoxicated during both the 2007 and 2008 incidents, but that police were not called in either instance.[16]

In March 2016, Prosecutors agreed to a plea deal with Smith. Prosecutors agreed to dismiss three felonies, including a count of possessing a firearm during the commission of a felony, which carries a mandatory two-year prison sentence, and a misdemeanor count of domestic violence. Smith plead guilty to a felony count of malicious destruction of personal property of $20,000 or more.[17] Part of the agreement called for Smith to resign from his job as a legislator and not hold public office during the five years he is on probation.[18]

On March 14, 2016, Smith was sentenced to 10 months in jail with no early release.[19] Smith was also sentenced to five years of probation, ordered to stay away from alcohol, comply with mental health treatment and not have contact with his ex-wife.[20]

During sentencing, Wayne County Circuit Judge Lawrence Talon ruled that he did not have the authority to impose Smith's resignation as a condition of sentence and took it out of the agreement.[21] Talon stated that Smith could be expelled, voted out of office or resign, but requiring him to step down violated the state constitution. Prosecutor Worthy asked Judge Talon to vacate the plea deal, in response to the elimination of the resignation requirement, but the Judge argued that vacating the plea agreement wouldn't serve "the interests of justice and accepted the modified plea."[22]

Talon's ruling allowed Smith to receive his $71,685 annual salary plus benefits while serving time behind bars.[23] On March 31, 2017, Smith submitted a letter of resignation to the Michigan Senate, effective April 12, 2016.[24] Smith was released from jail in December 2016.[25]

As a result of Talon's ruling, Smith decided to run for the Detroit City Council, causing Prosecutor Worthy to appeal the ruling in an attempt to keep Smith off the ballot.[26]

In August 2017, the Michigan appeals court upheld Judge Talon's ruling in a 2-1 decision. Judges Deborah Servitto and Michael Kelly said it would be “coercion” to allow prosecutors to try to negotiate a politician's future as part of a plea deal. In dissent, Judge Michael Riordan said the plea deal should have been set aside at the prosecutor's request after Judge Talon stripped some key conditions.[27]

Prosecutor Worthy appealed the ruling to the Michigan Supreme Court, asking them to decide the issue of whether it's a violation of the separation of powers for a judge to essentially sign off on an agreement that prohibits a person from running for office.[28] On January 11, 2018, the Supreme Court heard arguments regarding Smith's eligibility to run for political office.[29] The Supreme Court has until the end of July to issue a ruling on the case.

Political career

2002 House Election

Smith won the Democratic primary in 2002 against former state senator Henry Stallings II.

2010 Senate election

In 2010 Smith defeated former House Appropriations Committee Chair George Cushingberry in the August Primary to fill the Michigan Senate seat formerly held by Samuel "Buzz" Thomas, who left due to term limits.[30]

2014 Senate election

Smith was re-elected in 2014 to a second four-year term after defeating former state Rep. Rashida Tlaib in the Democratic Primary.[31] Smith resigned from the state Senate in April 2016 after his guilty plea for shooting at his ex-wife's Mercedes-Benz in May 2015.[32]

2017 Detroit City Council election

The Detroit City Clerk's office issued petitions for Smith to run for City Council, District 2 on April 7, 2017.[33] Smith finished second in the August Primary, where he faced Roy McCalister Jr. on the General Election ballot.[34] Smith went on to lose the General Election to McCalister.[35]

See also

References
  1. "Virgil Smith". MIRS.
  2. "Cop report: Naked Smith fought ex-wife before shooting". Detroit News.
  3. "Senator's marriage to ex, whose car he shot, was brief". Detroit Free Press.
  4. "Senator's marriage to ex, whose car he shot, was brief". Detroit Free Press.
  5. "Judge denies motion to pull plea deal for MI Senator Virgil Smith". WXYZ.
  6. "Virgil Smith". MIRS.
  7. "Cop report: Naked Smith fought ex-wife before shooting". Detroit News.
  8. "Cop report: Naked Smith fought ex-wife before shooting". Detroit News.
  9. "Sen. Virgil Smith dodged 3rd drunken driving charge despite high BAC". Motor City Muckraker.
  10. "Supreme Court will hear case on Virgil Smith plea deal that included ban on run for office". Detroit Free Press.
  11. "Cop report: Naked Smith fought ex-wife before shooting". Detroit News.
  12. "Sen. Virgil Smith goes directly to jail, collects $71K". Detroit Free Press.
  13. "Sen. Virgil Smith's sentencing for shooting at ex-wife's car put on hold". Click on Detroit.
  14. "Cop report: Naked Smith fought ex-wife before shooting". Detroit News.
  15. "Supreme Court will hear case on Virgil Smith plea deal that included ban on run for office". Detroit Free Press.
  16. "Virgil Smith's ex-wife speaks out on domestic violence". Detroit Free Press.
  17. "Sen. Virgil Smith goes directly to jail, collects $71K". Detroit Free Press.
  18. "Ex-State Sen. Virgil Smith may run for Detroit City Council". Detroit Free Press.
  19. "Sen. Virgil Smith goes directly to jail, collects $71K". Detroit Free Press.
  20. "Sen. Virgil Smith goes directly to jail, collects $71K". Detroit Free Press.
  21. "Sen. Virgil Smith goes directly to jail, collects $71K". Detroit Free Press.
  22. "Ex-State Sen. Virgil Smith may run for Detroit City Council". Detroit Free Press.
  23. "Sen. Virgil Smith goes directly to jail, collects $71K". Detroit Free Press.
  24. "It's Finally 'Ex-Senator' Virgil Smith". Deadline Detroit.
  25. "Ex-State Sen. Virgil Smith may run for Detroit City Council". Detroit Free Press.
  26. "Supreme Court will hear case on Virgil Smith plea deal that included ban on run for office". Detroit Free Press.
  27. "Ex-state lawmaker Virgil Smith wins appeal over run for Detroit City Council seat". Detroit Free Press.
  28. "Supreme Court will hear case on Virgil Smith plea deal that included ban on run for office". Detroit Free Press.
  29. "Supreme Court will hear case on Virgil Smith plea deal that included ban on run for office". Detroit Free Press.
  30. "Virgil K Smith - Employee Of The People". Michigan Senate.
  31. "Cop report: Naked Smith fought ex-wife before shooting". Detroit News.
  32. "Virgil Smith ruling appealed to state High Court". Detroit News.
  33. "Ex-State Sen. Virgil Smith may run for Detroit City Council". Detroit Free Press.
  34. "Virgil Smith ruling appealed to state High Court". Detroit News.
  35. "Supreme Court will hear case on Virgil Smith plea deal that included ban on run for office". Detroit Free Press.
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