Michigan State Senator Virgil Smith's Ongoing Domestic Assault Criminal Case
According to a police report, on May 10, 2015 Michigan state senator Virgil Smith was arrested for assault with intent to commit murder and aggravated assault. During the domestic violence assault against his ex-wife, Anistia Thomas, Senator Smith shot off a firearm at Thomas and her vehicle. Senator Smith was criminally charged with felonious assault, malicious destruction of personal property $20,000 or more, domestic violence assault and battery and felony firearm.
According to the police investigation, evidence technicians found a total of ten bullets holes in the vehicle’s hood, driver’s side headlight, driver’s side front fender, driver’s side door, windshield, and rear driver’s door pillar.
During the ongoing investigation of Senator Virgil Smith, it was revealed that Smith [son of Wayne County Circuit Court Judge Virgil Smith Sr] had previously avoided felony drunk driving charges in 2010.
At Senator Smith's preliminary hearing in June 2015, Anistia Thomas testified to the assault she suffered on May 10th at the hands of Smith. Thomas testified that Smith wrestled her, punched her in the face, rammed her head into the floor, put his arm into the back of her neck with such force that he restricted her breathing, rammed her head into a wall and violently pushed her into a railing with such force that she fell and hit her face on the concrete. When Thomas ran outside the home, Smith grabbed his gun from under the bed and proceeded outside. Senator Smith fired the gun in the air, at Thomas as she ran from the house, and at Thomas' vehicle.
During Senator Smith's February 2016 plea agreement hearing, Smith agreed to resign from office as part of the plea agreement. In exchange, three charges were dismissed: felony assault with a dangerous weapon, possession of a firearm during the commission of a felony and domestic violence charges.
The complete terms of the plea deal which Senator Smith accepted included: Five years probation with the first 10 months to be served in the Wayne County Jail; Must resign his position as a state senator; Could not hold elective office or appointed office during the full term of his probation; Submit to a mental health evaluation; Supply monthly documentation of alcohol and drug treatment, and surrender the weapon used in the crime and full restitution.
However, at Senator Smith's March 2016 sentencing hearing, Wayne County Circuit Judge Lawrence Talon claimed that it would be illegal for him to impose that Senator Smith resign from office and not hold public office during his probation. The Wayne County Prosecutor's office immediately filed a "motion to vacate plea". Judge Talon denied the prosecutor's office motion to pull Senator Smith's plea bargain. In response, the prosecutor's office filed an appeal with the Michigan Court of Appeals.
In January 2018, the Michigan Supreme Court heard oral arguments in the prosecutor's appeal of Senator Smith's plea agreement. In July 2018, the Michigan Supreme Court issued a seventy-three page decision. Majority of justices agreed that Wayne County Circuit Court Judge Lawrence Talon erred when he voided provisions in Smith's plea agreement, yet refused to allow the prosecution to withdraw the plea agreement.
Senator Smith's case was sent back to the trial court. In November 2018, the prosecution was allowed to withdraw Smith's plea bargain and Smith was allowed to withdraw his guilty plea.
In April 2019, Virgil Smith accused the prosecutor Kym Worthy of retribution. In a May 2020 Supreme Court ruling, it was determined that Smith could call witnesses at a hearing in Wayne County Circuit Court on his allegations that Worthy was “vindictive” in her handling of his case. To date, the 2015 criminal domestic violence case against former Michigan State Senator Virgil Smith is ongoing.
Shooting at Sen. Virgil Smith's home
WXYZ-TV Detroit | Channel 7
Published on May 10, 2015
Shooting at Sen. Virgil Smith's home
Police investigate shooting outside Sen. Virgil Smith's home
WXYZ-TV Detroit | Channel 7
May 10, 2015
Police investigate shooting outside Senator Virgil Smith's home
Detroit Police investigating shooting at home of State Senator Virgil Smith
WXYZ-TV Detroit | Channel 7
May 10, 2015
Detroit Police are investigating a shooting at the home of State Senator Virgil K. Smith in the 18600 block of Wexford Street on Detroit's northwest side.
Detroit Police are investigating a shooting at the home of State Senator Virgil Smith
Police investigate Sen. Virgil Smith after shooting at Detroit home
myFOXDetroit.com
May 10, 2015
http://www.myfoxdetroit.com/story/29024664/police-investigate-sen-virgil-smith-after-shooting-at-detroit-home
Detroit Police are investigating a shooting involving a state senator on Detroit's northwest side.
Police say the incident happened at the home of Senator Virgil Smith in the 18000 block of Wexford Street. He is accused of firing what is believed to be a shotgun, after a fight with his girlfriend, who is also his ex-wife. The bullet missed the woman, but hit her car.
Police say they're looking to his girlfriend in relation to this incident.
Investigators were seen taking evidence out of Smith's house Sunday afternoon. One piece of evidence appeared to be some type of long gun wrapped in a garbage bag.
Nicole Pelkey a neighbor says the sound of gunfire Sunday shook her, "I was on my way to sleep and it woke me up. It sounded like a whole clip was unloaded, at least 12 shots it went a couple times, stopped and then went a few more times."
Detroit Police would not confirm that Smith was being held for the incident Sunday.
Smith, D-Detroit, represents the 4th district which covers north Detroit to Allen Park, some of Lincoln Park and also Southgate. Smith has been a legislator since 2003 and is the chair of the Michigan Legislative Black Caucus and is the vice president of a number of Senate committees. Smith was re-elected in 2014.
Detroit chief: Car shot outside state senator's house
May 10, 2015
Lansing State Journal
http://www.lansingstatejournal.com/story/news/local/2015/05/10/detroit-chief-car-shot-outside-state-senators-house/27095251/
DETROIT – Detroit's police chief says that someone fired a shotgun at a car parked outside the home of state Sen. Virgil Smith.
Chief James Craig tells The Detroit News that no one was hurt in the shooting, which happened about 1 a.m. Sunday next to Smith's home on Detroit's north side.
Craig declines comment on who fired the shots, saying it's "still an ongoing investigation." He says the shooter fired at least twice, striking the 2015 Mercedes-Benz.
The Associated Press left messages Sunday seeking comment from Dennis Denno, chief of staff for the Democratic legislator.
Michigan lawmaker shot up girlfriend’s car after fight: police
New York Daily News
May 10, 2015
http://www.nydailynews.com/news/crime/mich-lawmaker-allegedly-shot-girlfriend-car-fight-article-1.2217375
In the aftermath of a domestic squabble, a Detroit lawmaker allegedly grabbed a firearm and shot up his girlfriend’s new car, local reports said.
The late night shotgun blast triggered by state Sen. Virgil Smith on Sunday struck the victim’s 2015 Mercedes-Benz at least once, police sources told the Detroit News.
The violent act outside Smith’s north Detroit home landed the second-term senator into police custody with a noon arrest, the News added.
Wayne County jail records do not show a listing for Smith.
The case is being handled as a domestic violence incident.
The 36-year-old state senate Democrat is expected to sponsor a proposed bill by Detroit Mayor Mike Duggan to make cheaper car insurance available to residents, according to a Detroit Free Press report published in April.
During this year’s legislative session, Smith has sponsored measures to make first-degree murder of a police officer punishable by death, extend hours for liquor sales and remove restrictions on gay marriage from state laws.
He is also the son of former Michigan state Sen. Virgil Smith Sr.
Attempts by the Daily News to reach Smith’s staff failed.
State Sen. Smith held in shooting at car
The Detroit News
May 10, 2015
http://www.detroitnews.com/story/news/local/detroit-city/2015/05/10/virgil-smith-home-shots-fired/27089371/
Detroit — State Sen. Virgil Smith was in police custody Sunday after gunshots were fired at a vehicle outside his home early that morning, according to a police source who asked not to be identified.
Smith, 35, was taken into custody at about noon Sunday, the source said.
More than one blast from a shotgun was fired at a 2015 Mercedes-Benz outside Smith's home on Wexford Street on Detroit's north side around 1 a.m., Detroit Police Chief James Craig confirmed.
The woman who owns the car, identified as Smith's girlfriend and ex-wife, was uninjured. The vehicle was hit at least once.
"This is still an ongoing investigation," said Craig, who declined further comment.
Police investigators searched the house Sunday afternoon and left carrying a black plastic bag with a long object.
A spokesman for the senator did not respond to telephone calls and emails Sunday.
Smith, D-Detroit, represents the 4th Senate District, from the city's north side, south to Allen Park, Lincoln Park and Southgate. He was re-elected in 2014 to a second four-year term after defeating former state Rep. Rashida Tlaib of Detroit in a hard-fought Democratic primary. He previously served three terms in the Michigan House, following his father, Virgil Smith Jr., into politics.
In 2000, he had an arrest for minor in possession, according to Secretary of State spokesman Fred Woodhams. In February 2004, he had an operating while impaired by liquor offense; in August that year, he faced an operating while intoxicated offense. His license was revoked in 2004, Woodhams said. It was fully reinstated in December 2008.
He currently has no points on his record.
Sen. Virgil Smith suspect in shooting near home
Detroit Free Press
May 10, 2015
https://www.freep.com/story/news/2015/05/10/virgil-smith-shooting/27086399/
State Sen. Virgil Smith is a suspect in a domestic dispute outside his Detroit home earlier Sunday in which shots were fired at a woman's vehicle, two police sources told the Free Press.
The incident occurred about 1 a.m. and Smith was brought in later in the day for questioning, one of the sources said. It was unclear Sunday evening whether Smith was still being held.
According to the police sources, the shots were fired at a Mercedes belonging to Smith's girlfriend, who is his ex-wife. She was not injured.
A third police source told the Free Press a woman in her 30s called 911 about 1 a.m. saying a man fired shots at her and that her car had been struck. The source, who did not have authority to speak publicly about the investigation and requested anonymity, said the shooting occurred outside Smith's home on the 18600 block of Wexford on the city's north end,
Police spokeswoman Cassandra Lewis declined to release details because the incident was considered a domestic matter. She said a person called police to report being shot at, and that the person suspected of firing the gun was not at the home when police arrived.
Neither Smith nor his spokesman could be reached for comment Sunday.
Smith is a key ally for Mayor Mike Duggan in his proposed plan to get cheaper insurance rates for Detroiters. When the mayor announced the plan on April 30, Smith promised to introduce what he called the D-Insurance bill, and he said he was confident he'd be able to win approval in both chambers of the Legislature.
Smith, a Democrat, represents Senate District 4, which includes portions of Detroit, Allen Park, Lincoln Park and Southgate.
Smith, a graduate of Michigan State and Western Michigan universities, was first elected to the state House of Representatives in 2002. He was elected to the Senate in 2010. His father, Virgil Smith Jr., served more than 20 years in the Legislature.
Detroit senator being investigated in connection with shooting, reports say
MLive
May 10, 2015
https://www.mlive.com/lansing-news/2015/05/reports_detroit_senator_being.html
DETROIT, MI -- Several Detroit news stations are reporting Sen. Virgil Smith, D-Detroit, is being investigated in connection to a shooting on Detroit's northwest side.
According to MyFoxDetroit, the incident took place at the Senator's home on Wexford Street. A source told ClickOnDetroit that Smith fired shots from a shotgun after arguing with his girlfriend.
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014.
The Detroit Police Department did not immediately return a call or email seeking additional information. Smith did not return a call to his cell phone for comment.
Detroit Police Confirm State Senator Virgil Smith Arrested
CBS Detroit
Published on May 11, 2015
State Senator Virgil Smith arrested
WXYZ-TV Detroit | Channel 7
May 11, 2015
State Senator Virgil Smith is locked up and facing charges for allegedly shooting at his ex-wife's car.
State Senator Virgil Smith Arrested
WXYZ-TV Detroit - Channel 7
May 11, 2015
https://www.youtube.com/watch?v=pUFMOI0q7jk
Detroit Police Confirm Senator Virgil Smith Arrest
97.1 The Ticket
May 11, 2015
https://www.youtube.com/watch?v=uYehwilxAmg
Police: State senator facing charges after Detroit shooting
FOXDetroit.com
May 11, 2015
http://www.myfoxdetroit.com/story/29030810/police-state-senator-facing-charges-after-detroit-shooting
DETROIT (WJBK) - A state senator is facing charges after a shooting on Detroit's northwest side.
Detroit police announced in a news conference Monday morning Senator Virgil Smith is in police custody facing aggravated assault and malicious destruction of property charges.
Police say the shooting happened at Smith's home in the 18 thousand block of Wexford Street. He is accused of firing what is believed to be a shotgun after a fight with his girlfriend, who is also his ex-wife. Multiple shots were fired and all missed the woman, but hit her car.
Detroit police chief James Craig also said at the conference reports suggesting Smith was missing and uncooperative are false. Craig says Smith has been cooperative with the investigation from the beginning, and that he has received no special treatment.
"We have treated this case no different than we would any other case involving domestic violence," says Craig.
A prosecutor's assistance says they do not have a warrant request yet.
Michigan state senator reportedly a suspect in shooting at his home
FoxNews.com
May 11, 2015
http://www.foxnews.com/us/2015/05/11/police-investigating-shooting-at-michigan-state-senator-home/?intcmp=latestnews
May 11, 2015
http://www.foxnews.com/us/2015/05/11/police-investigating-shooting-at-michigan-state-senator-home/?intcmp=latestnews
A Michigan state senator reportedly has been declared a suspect in a domestic dispute outside his Detroit home Sunday in which shots were fired at a vehicle.
Police sources told the Detroit Free Press that State Sen. Virgil Smith was brought in for questioning after the incident, which occurred around 1 a.m. local time. It is not clear if Smith is still being held.
Police say Smith fired a shotgun several times after a fight with his girlfriend – who is his ex-wife -- hitting her 2015 Mercedes Benz, WDIV reported. No one was injured in the shooting.
Detroit police had been looking for Smith, who was not at his home when officers arrived, The News Herald reported. Police have been unable to contact Smith's girlfriend.
The investigation reportedly is being handled by the police department's domestic violence division.
Police spokeswoman Cassandra Lewis declined to release details about the incident, the Detroit Free Press reported.
Smith, a Democrat, represents parts of Detroit, Dearborn and all of Allen Park. He is chairman of the Michigan Legislative Black Caucus, and is currently serving a second term as a senator for the state's 4th Senate District.
According to Smith’s website, he attended Michigan State University, where he earned a bachelor’s degree in political science, and Western Michigan University, where he received a master’s degree in public administration.
He was given the Man of Excellence Award by the Michigan Chronicle last year, the site states, and was named Legislator of the Year by the Michigan Bankers Association in 2014.
He was given the Man of Excellence Award by the Michigan Chronicle last year, the site states, and was named Legislator of the Year by the Michigan Bankers Association in 2014.
Sen. Virgil Smith of Detroit arrested after Sunday morning shooting incident
MLIVE
May 11, 2015
http://www.mlive.com/news/detroit/index.ssf/2015/05/sen_virgil_smith_of_detroit_ar.html#incart_story_package
http://www.mlive.com/news/detroit/index.ssf/2015/05/sen_virgil_smith_of_detroit_ar.html#incart_story_package
DETROIT, MI -- Detroit Police Chief James Craig confirmed Monday that Sen. Virgil Smith, D-Detroit, has been arrested following a shooting incident involving a woman about 1 a.m. Sunday.
"Sunday morning, May 10 at 1 a.m. DPD got a call allegedly involving a domestic violence incident on the 18000 block of Wexford and the incident also allegedly involved the discharge of a weapon, a gun," said Detroit Police Media Relations Director June West.
According to MyFoxDetroit, the incident took place at the Senator's home where Smith is alleged to have fired shots from a shotgun after arguing with the woman identified as Smith's ex-wife according to the police report obtained by the Detroit News.
West says police arrested Smith Sunday afternoon. He is currently jailed awaiting likely charges of assault with a dangerous weapon and malicious destruction of property.
Smith left his home after the shooting before police arrived but has since "made himself available" to investigators, West said.
Police served a search warrant and seized a rifle from the politician's home Sunday.
"DPD investigated this by the book," West said," just as we would in any other case."
As of 10 a.m. Monday, Wayne County Prosecutor's Office spokeswoman Maria Miller said the office hadn't received a warrant review request from the police department.
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014 and represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Michigan is one of 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Cop report: Naked Smith fought ex-wife before shooting
The Detroit News
May 11, 2015 - 1:08 p.m. EDT
http://www.detroitnews.com/story/news/local/detroit-city/2015/05/11/state-sen-virgil-smith-arrest-shots-fired/27113485/
Detroit — Two sides emerged Monday in the story of a lurid domestic shooting involving a state senator with longtime family connections to the the halls of power in Detroit and Lansing.
State Sen. Virgil Smith told police that opening fire at his ex-wife’s Mercedes-Benz with a rifle early Sunday morning was “the most stupid thing” in his life.
His ex-wife says she was met by a naked Smith at the front door of his home in the 18000 block of Wexford on the city’s east side and he beat her with his fists, chased her outside and shot at her four or five times as well as firing at her car.
The son of Chief Wayne County Circuit Judge Virgil Smith was being held by Detroit Police as they continue their investigation. Police Chief James Craig said police anticipated charges of aggravated assault with a gun and malicious destruction of property against Smith.
However, the Wayne County Prosecutor’s Office on Monday said prosecutors asked “the Detroit Police Department (for) further investigation” before deciding on charges.
His political influence, after serving three two-year terms in the state House and now in his second four-year term in the state Senate, could be in jeopardy.
Angela Wittrock, a spokeswoman for the Senate Democratic caucus, said Smith’s colleagues are “deeply troubled by these allegations.”
“As details of the situation become clearer, we will take appropriate action,” she said Monday.
If he is convicted of the crimes he’s accused of, it wouldn’t necessarily lead to removal from office despite a state law meant to give lawmakers an option to remove a colleague who breaches the public’s trust.
Smith also has two impaired driving offenses in the past 10 years.
In a statement Smith gave to investigators, he said his ex-wife, whose name is being withheld by The Detroit News, “was banging on (the) bedroom window,” at about 1 a.m., a Detroit Police report said. Smith said he opened the front door, and his ex-wife, “kicked the door open and pushed (past) him.
“(The ex-wife) went into (Smith’s) bedroom and observed a female ... in (Smith’s) bed. (Smith) stated that (the ex-wife) attempted to attack (the girlfriend),” the police report obtained by The News said. “(Smith) grabbed (his ex-wife), they fell backwards, knocking over the television. (Smith) stated that (his ex-wife) attempted to attack (his girlfriend) again.”
Smith told police “he grabbed (his ex-wife) and forced her out of his house,” the police report said. Smith then told investigators he went back into the bedroom to check on his girlfriend, and then returned to the front door, “and observed (his ex-wife) throwing a chair at his house windows.
“(Smith) then stated he did the most stupid thing in his life, he shot (the ex-wife’s) vehicle,” the report said.
After Smith was taken into police custody, he was asked several questions, “and was advised by his attorney not to answer them,” the report said. He was originally arrested for assault with intent to commit murder and aggravated assault, according to the police report.
Smith’s attorney, Godfrey Dillard, did not return phone calls.
Ex-wife offers account
A second police report, containing the ex-wife’s side of the story, was taken by police at 4:41 a.m. Sunday.
She said Smith had invited her to stay the night at his house, and, when she arrived, “she was met by a naked (Smith) and an (unknown) female,” the report said. “At this time she became angry and upset, and both started verbally arguing.
“At some point during the argument (Smith) grabbed her by the back of her head and shoved her face first into the carpet. Victim stood up and was struck by (Smith) 4-5 (times) in the face with closed fist causing cheeks on both sides of her face to swell.”
Smith’s ex-wife told police she ran out the front door, and he chased her with “an (unknown) type long gun and followed behind. She observed muzzle flash (three times) as suspect began firing at her,” the report said.
The ex-wife said she ran into a nearby alley as Smith fired the rifle. She said she went into the nearby home of a friend, “who allowed her to call 911 and clean her wounds.”
The friend later tried to retrieve the ex-wife’s 2015 Mercedes Benz GLA250, but that it was “unable to start due to gunshot damage,” the report said.
Evidence technicians later found three suspected 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, the report said.
Police said a rifle of undisclosed make and model was recovered from the home, according to the report. They called it an automatic weapon, but that could not be confirmed.
Smith filed for divorce in 2009, and the marriage was annulled, according to court records. The couple has no children, according to the filing.
Craig: No special treatment
Craig said Smith has been treated no differently than any other suspect.
“We interviewed him and subsequently placed him under arrest,” Craig said during an impromptu press conference at Cobo Center, where he was scheduled to speak at a conference about police and community trust. “At this point, he is still in custody.”
Smith’s father, Judge Smith, had no comment Monday on the allegations.
Craig said the senator has been cooperative. “We do know there were shots fired,” he said. “However, I cannot and will not say they were fired by the senator.”
A spokesman for the senator did not respond to telephone calls and emails Sunday and Monday.
Smith represents the 4th Senate District, from the city’s north side, south to Allen Park, Lincoln Park and Southgate. He was re-elected in 2014 to a second four-year term after defeating former state Rep. Rashida Tlaib of Detroit in a hard-fought Democratic primary. He previously served three terms in the Michigan House, following his father into politics.
In 2000, he had an arrest for minor in possession of alcohol, according to Secretary of State spokesman Fred Woodhams. In February 2004, he had an operating while impaired by liquor offense; in August of that year, he faced an operating while intoxicated offense. His license was revoked in 2004, Woodhams said. It was fully reinstated in December 2008.
He has no points on his record.
A spokeswoman for Senate Majority Leader Arlan Meekhof said Monday the Republican leader is not exploring any kind of disciplinary actions against Smith.
“I think it’s a little too early to be going down that path,” Meekhof spokeswoman Amber McCann said.”
A 2010 voter-approved constitutional amendment only prohibits someone convicted of a “felony involving dishonesty, deceit, fraud, or a breach of the public trust” from serving if the crime “was related to the person’s official capacity while the person was holding any elective office.”
Sunday’s incident “doesn’t meet dishonesty, deceit, fraud or breaching the public trust and is certainly not related to his job as a state senator,” former Attorney General Mike Cox said of any possible charges for Smith.
There is precedent for legislators to expel a duly elected colleague.
In May 2001, the Michigan Senate expelled Macomb County Sen. David Jaye for misconduct, including a series of drunken driving arrests, alleged abuse of Senate employees, soft pornography on his state-issued laptop computer and a question of domestic abuse.
Thirty-three of the 38 senators voted to expel Jaye from the Senate that year, seven more than were needed.
Prosecutor wants more information about Sen. Virgil Smith shooting incident
MLIVE
May 11, 2015
http://www.mlive.com/news/detroit/index.ssf/2015/05/prosecutor_wants_more_informat.html#incart_story_package
MLIVE
May 11, 2015
http://www.mlive.com/news/detroit/index.ssf/2015/05/prosecutor_wants_more_informat.html#incart_story_package
DETROIT, MI -- Wayne County Prosecutor Kym Worthy is asking for more information before issuing formal charges against State Sen. Virgil Smith, D-Detroit, regarding a shooting incident early Sunday.
"Today a warrant request was received related to an alleged incident involving Mr. Smith over the weekend," the office said in a statement Monday. "The Wayne County Prosecutor's Office is returning the matter back to the Detroit Police Department requesting further investigation."
Detroit Police Media Relations Director June West said police arrested Smith Sunday afternoon. He currently is jailed awaiting likely charges of assault with a dangerous weapon and malicious destruction of property.
Police responded to a call of a domestic disturbance at Smith's home on the 18000 block of Wexford about 1 a.m. Sunday.
Smith had left the home by the time police arrived but has since been cooperative with investigators, West said. Police later searched the home and removed a rifle.
According to the police report obtained by the Detroit News, Smith's ex-wife arrived at the home to find him naked with another woman, sparking a physical altercation that concluded with Smith firing at least 10 bullets from a rifle at his ex-wife's 2015 Mercedes Benz.
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014 and represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Michigan Senate Majority Leader Arlan Meekhof is monitoring the situation but currently is not planning any attempts to punish or expel Smith, according to a spokeswoman.
"At this point, the majority leader believes this is an issue for the police to handle and law enforcement to handle," said Amber McCann. "He doesn't want to pursue any options until the full scope of the incident is apparent."
Senate rules allow Michigan lawmakers to expel a member with a two-thirds supermajority vote, but such a move is rare. Former Sen. David Jaye, a Macomb County Republican, was expelled in 2001.
Smith has received citations for impaired driving and operating while intoxicated in 2004, for which his license was revoked and reinstated to a restricted status in 2007, according to a statement issued by Secretary of State spokesman Fred Woodhams.
He's received four speeding tickets since his license reinstatement and received a minor in possession of alcohol citation while in East Lansing in 2000, according to Secretary of State records.
Gov. Rick Snyder and Detroit Mayor Mike Duggan refused to comment on the shooting incident during conversations with media during a development announcement at the former Southwestern High School in Detroit on Monday.
"No," said Snyder when asked for comment. "That's in the criminal justice system, and that will go through the normal process, due process."
Smith recently partnered with Duggan to release legislation to reduce auto insurance premiums for Detroit residents by lowering the minimum insurance requirements.
"We're going to have to wait and see what Kym Worthy does, so we'll leave that to the prosecutor," said Duggan. " ... I'm going to leave the whole thing to the prosecutor.
"When I was prosecutor, I didn't appreciate other officials commenting on my charging decisions, and I'm going to give her the same courtesy and not comment, and she'll do whatever's appropriate."
Michigan is among a minority of states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Smith has not responded to MLive requests for comment.
Sen. Smith said firing shots stupidest thing in his life
Detroit Free Press
May 11, 2015
http://www.freep.com/story/news/local/michigan/detroit/2015/05/11/smith-facing-aggravated-assault-charges/27112461/
The incident occurred after Smith's ex-wife pushed her way into his house and tried to attack another woman who was in his bed, police say.
DPD source says Mich. Sen. Virgil Smith fired shotgun shots after arguing with girlfriend
Smith has not been arrested
ClickOnDetroit
May 11, 2015
https://www.clickondetroit.com/news/2015/05/11/dpd-source-says-mich-sen-virgil-smith-fired-shotgun-shots-after-arguing-with-girlfriend/
DETROIT – Police searched a state senator's home Sunday after he was accused of firing a shotgun following a fight with his girlfriend.
Sources told Local 4 state Sen. Virgil Smith, who represents the fourth district, fired several shots into the woman's car.
Investigators walked out of Smith's home with what appeared to be a shotgun wrapped in a garbage bag. Investigators with Detroit police placed it in the backseat of an unmarked car.
Around 1 a.m. Sunday police were called to Smith's home for reports of shots fired
Sources told Local 4 that early Sunday morning Smith and his girlfriend, a prominent businesswoman from Ann Arbor, got into an argument. Police said the victim told them multiple shots were fired in front of the home at Wexford and Hilldale, on the east side.
Sources said the woman was not injured, but that her 2015 Mercedes Benz was struck by gunfire.
Neighbors said they have mixed feelings on allegations against Smith of domestic violence.
Local 4 reached out to Smith's girlfriend but she did not return any calls.
The mayor's office is also not commenting on the investigation.
Smith has not been charged. At this point, police won't confirm if he was even questioned or taken into custody.
Report: Detroit Sen. Virgil Smith found naked with woman by ex-wife prior to shooting
MLIVE
May 11, 2015
http://www.mlive.com/news/detroit/index.ssf/2015/05/report_detroit_sen_virgil_smit.html#incart_story_package
DETROIT, MI -- State. Sen. Virgil Smith was naked when he fought with his ex-wife and shot at her car, according to police reports obtained by George Hunter of the Detroit News.
According to the Detroit News, Smith called what he did "the most stupid thing in his life." He told investigators his ex-wife began pounding on his door at 1 a.m. Sunday, and when he opened it while naked, she rushed past and attempted to attack a girlfriend in Smith's bed.
After some wrestling that resulted in a TV falling over, Smith forced his ex-wife from the home and grabbed a rifle that he fired multiple times into his ex-wife's Mercedez Benz, according to the Detroit News.
The Detroit News reports, based on the statement made to police by Smith's ex-wife, Smith smashed her face into the carpet and punched her up to five times prior to the shooting that led her into an alley and later to a neighbor's home where she called 911.
Detroit Police Media Relations Director June West said Smith left the house after the shooting but later cooperated with investigators and was arrested Sunday.
Police seized a rifle from the home on the 18000 block of Wexford after serving a search warrant.
Police responded to a call of a domestic disturbance at Smith's home about 1 a.m. Sunday.
Investigators are seeking charges for assault with a dangerous weapon and malicious destruction of property, West said. The Wayne County Prosecutor's Office on Monday afternoon asked police for more information prior to making a charging decision.
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014 and represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Michigan Senate Majority Leader Arlan Meekhof is monitoring the situation but is not currently planning any attempts to punish or expel Smith, according to a spokeswoman.
"At this point, the majority leader believes this is an issue for the police to handle and law enforcement to handle," Amber McCann said. "He doesn't want to pursue any options until the full scope of the incident is apparent."
Senate rules allow Michigan lawmakers to expel a member with a two-thirds supermajority vote, but such a move is rare. Former Sen. David Jaye, a Macomb County Republican, was expelled in 2001.
Smith has received citations for impaired driving and operating while intoxicated in 2004, for which his license was revoked and reinstated to a restricted status in 2007, according to a statement issued by Secretary of State spokesman Fred Woodhams.
He's received four speeding tickets since his license reinstatement and received a minor in possession of alcohol citation while in East Lansing in 2000, according to Secretary of State records.
Gov. Rick Snyder and Detroit Mayor Mike Duggan refused to comment on the shooting incident during conversations with media during a development announcement at the former Southwestern High School in Detroit Monday.
"No," said Snyder when asked for comment. "That's in the criminal justice system, and that will go through the normal process, due process."
Smith recently partnered with Duggan to release legislation to reduce auto insurance premiums for Detroit residents by lowering the minimum insurance requirements.
"We're going to have to wait and see what Kym Worthy does, so we'll leave that to the prosecutor," said Duggan. " ... I'm going to leave the whole thing to the prosecutor.
"When I was prosecutor, I didn't appreciate other officials commenting on my charging decisions, and I'm going to give her the same courtesy and not comment, and she'll do whatever's appropriate."
Michigan is among a minority of states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Smith and his chief of staff have not responded to MLive requests for comment.
Editorial: Time-out for Sen. Virgil Smith
The Detroit Free Press Editorial Board
May 11, 2015
http://www.freep.com/story/opinion/editorials/2015/05/11/sen-smith-timeouti/27123943/
The Detroit Free Press Editorial Board
May 11, 2015
http://www.freep.com/story/opinion/editorials/2015/05/11/sen-smith-timeouti/27123943/
You don't need to reach any conclusions about whether state Sen. Virgil Smith Jr. is guilty in a shooting outside his Detroit home early Sunday morning to understand that, until the serious criminal charges against him are resolved, there is no constructive role for him to play in Lansing.
That means Smith needs to take a leave from his Lansing duties, immediately — to let the criminal justice process play out and, more important, to get a grip on whatever forces in his life have led him to this ignominious crossroads.
He can't serve the people while he's doing that.
Smith was arrested Monday on suspicion of aggravated assault with a gun (a felony, punishable by up to four years in prison) and malicious destruction of property in connection with the incident. Detroit police say that he fired multiple times at his girlfriend's Mercedes outside his Detroit home. Police Chief James Craig said the car was hit 10 times.
Smith, who served three terms in the state House, was re-elected in November to his second term to represent the 4th District in the state Senate. If he's convicted, he'll need to resign his seat, of course. Even if he avoids conviction — through a plea deal or, perhaps, an acquittal — but the meat of the allegations proves true, there will still be a need to discuss about what Smith's future ought to be in Lansing.
The accusations center on outrageous behavior: a domestic situation that escalated to the level of gunfire. Firing a shotgun down a street in a city where more than 300 people are killed by gun violence each year is beyond reckless. And this involves a public official whose other run-ins with the law (a drunken driving case, plus a few shoplifting incidents in college) already mark him as skating on thin ice.
The level of irresponsibility involved here is jaw-dropping, and can't be tolerated from any public official.
Of course, Smith is entitled to the presumption of innocence in this incident, just like anyone else. But if Smith contests the allegations, he still should take an immediate leave of absence with the explicit understanding that he will not resume his duties until, and unless, he is cleared of all criminal conduct in Sunday's shooting.
A temporary leave would be problematic, as it would leave Smith's constituents without representation in the state Senate during the interim. But it seems a reasonable way to acknowledge that it is impossible for Smith to perform his legislative duties while his case works its way through the courts.
Senate rules would allow Smith's office to remain open and field constituent inquiries during his absence, and his Senate colleagues — especially those in the Detroit delegation — should extend their assistance to his staff as long as Smith's future remains uncertain.
Michigan law gives Smith's colleagues little flexibility in responding to the dire criminal allegations against him, affording only the option of expulsion. But it's premature to exercise that remedy while Smith's criminal culpability remains unresolved.
The best thing Smith can do right now is step aside, voluntarily, until the case can be adjudicated.
Liberal organization calls for state Sen. Virgil Smith to resign if allegations proven true
MLIVE
May 11, 2015
http://www.mlive.com/news/detroit/index.ssf/2015/05/liberal_organization_calls_for.html#incart_river
http://www.mlive.com/news/detroit/index.ssf/2015/05/liberal_organization_calls_for.html#incart_river
DETROIT, MI -- In response to the arrest of Democratic state Sen. Virgil Smith of Detroit Sunday after a domestic disturbance that concluded with him shooting his ex-wife's Mercedes Benz with a rifle, according to the Detroit News, a liberal organization say he should resign -- if the claims are proven true.
Left-leaning Progress Michigan, which is describes itself as "a communications team and media hub for the entire progressive community" and is a staunch critic of Gov. Rick Snyder, issued the statement Monday afternoon.
"If these allegations against the Senator are true, he should resign immediately," said Lonnie Scott, executive director of Progress Michigan, in the prepared statement. "The right to due process is an important value shared by progressives and while the Senator is innocent until proven guilty, these extremely troubling allegations and legal proceedings will make it difficult at best for him to represent his constituents.
"Violence like this has no place in our society and anyone — especially elected officials — who engage in these inexcusable acts need to be held accountable."
Detroit police arrested Smith Sunday, and although charges haven't been formally announced, he's likely to face counts of assault with a dangerous weapon and malicious destruction of property, Detroit Police Media Relations Director June West said Monday.
The Detroit News obtained police reports that indicate Smith fired a rifle upwards of 10 times at his ex-wife's Mercedes Benz about 1 a.m. Sunday after she arrived to find the senator naked with another woman in the house.
The Detroit News reports, based on the statement made to police by Smith's ex-wife, that Smith smashed her face into the carpet and punched her up to five times prior to the shooting that led her to run into an alley and later to a neighbor's home where she called 911.
Police seized a rifle from the home on the 18000 block of Wexford after serving a search warrant Sunday.
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014 and represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Michigan Senate Majority Leader Arlan Meekhof is monitoring the situation but is not currently planning any attempts to punish or expel Smith, according to a spokeswoman.
"At this point, the majority leader believes this is an issue for the police to handle and law enforcement to handle," said Amber McCann. "He doesn't want to pursue any options until the full scope of the incident is apparent."
Senate rules allow Michigan lawmakers to expel a member with a two-thirds supermajority vote, but such a move is rare. Former Sen. David Jaye, a Macomb County Republican, was expelled in 2001.
Smith has received citations for impaired driving and operating while intoxicated in 2004, for which his license was revoked and reinstated to a restricted status in 2007, according to a statement issued by Secretary of State spokesman Fred Woodhams.
He's received four speeding tickets since his license reinstatement and received a minor in possession of alcohol citation while in East Lansing in 2000, according to Secretary of State records.
Snyder and Detroit Mayor Mike Duggan refused to comment on the shooting incident during conversations with media at a development announcement for the former Southwestern High School in Detroit Monday.
"That's in the criminal justice system and that will go through the normal process, due process," Snyder said.
Smith recently partnered with Duggan to create legislation to reduce auto insurance premiums for Detroit residents by lowering the minimum insurance requirements.
"We're going to have to wait and see what Kym Worthy does, so we'll leave that to the prosecutor," said Duggan Monday. " ... I'm going to leave the whole thing to the prosecutor.
"When I was prosecutor I didn't appreciate other officials commenting on my charging decisions and I'm going to give her the same courtesy and not comment, and she'll do whatever's appropriate."
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Neither Smith nor his attorney have responded to MLive requests for comment.
Sen. Smith said firing shots stupidest thing in his life
Detroit Free Press
May 11, 2015
http://www.freep.com/story/news/local/michigan/detroit/2015/05/11/smith-facing-aggravated-assault-charges/27112461/
The incident occurred after Smith's ex-wife pushed her way into his house and tried to attack another woman who was in his bed, police say.
According to the police sources, the shots were fired at a Mercedes-Benz belonging to Smith's ex-wife, who was not injured. She has not been named by police.
Smith told police the woman came to the house in the 18600 block of Wexford and was banging on his bedroom window. When Smith opened the door, she kicked it, pushed past him and went to the bedroom, saw another woman in his bed and attempted to attack her, according to police.
Smith told police he grabbed the woman and they fell backward, knocking over a television. He told her to leave his house and he went to the bedroom to check on the other woman, according to police.
When he went to the front door, according to police, Smith saw the woman throwing a chair at his house windows.
Then, he told police, he shot the woman's vehicle.
Craig said todayMonday that 10 shots hit the car.
Officers executed a search warrant on Smith's home, where they recovered a rifle, a .22-caliber rifle cleaning kit, three magazines with live rounds and one empty one, according to police.
Smith remained in police custody Monday evening, said June West, a spokeswoman for the Detroit Police Department. The Free Press left messages for Smith's attorney, Godfrey Dillard, but he could not be reached for comment.
West declined to provide additional details about the case.
"I can't comment on any of the specifics," West said.
Craig previously said: "We have not treated this case any differently than others that involve domestic violence."
Smith, a Democrat, represents Senate District 4, which includes portions of Detroit, Allen Park, Lincoln Park and Southgate
Democrats today expressed both concern and outrage over the allegations against Smith.
"We are deeply troubled by these allegations. As details of the situation become clearer, we will take appropriate action," said Angela Wittrock, spokeswoman for Senate Minority Leader Jim Ananich, D-Flint.
The liberal activist group Progress Michigan went a step further, calling for Smith's resignation.
"If these allegations against the Senator are true, he should resign immediately," said Lonnie Scott, executive director of Progress Michigan. "The right to due process is an important value shared by progressives and while the Senator is innocent until proven guilty, these extremely troubling allegations and legal proceedings will make it difficult at best for him to represent his constituents."
Smith, a graduate of Michigan State and Western Michigan universities, was first elected to the state House of Representatives in 2002. He was elected to the Senate in 2010. His father, Virgil Smith Jr., is presiding judge in Wayne County Family Juvenile Court and served more than 20 years in the Legislature.
Smith is a key ally for Mayor Mike Duggan in his proposed plan to get cheaper insurance rates for Detroiters. When the mayor announced the plan on April 30, Smith promised to introduce what he called the D-Insurance bill, and he said he was confident he'd be able to win approval in both chambers of the Legislature.
Duggan declined to discuss the matter today at a news conference in southwest Detroit where he and Gov. Rick Snyder announced the creation of hundreds of jobs in manufacturing and training at the former Southwestern High School. The mayor said that in his previous role as a Wayne County prosecutor he didn't appreciate public officials commenting on cases before charging decisions were made, and he would afford current Prosecutor Kym Worthy the same respect.
Nor did Duggan respond to a question about whether the arrest of the senator would impact Duggan's efforts to win the Legislature's approval of D-Insurance, the mayor's initiative to lower auto insurance rates for Detroiters by allowing them to opt out of unlimited personal injury benefits in exchange for what Duggan said could be a $1,000 break off the average $3,400 annual insurance premium for city drivers.
Gov. Rick Snyder also declined to discuss the incident, saying, "That's in the criminal justice system, and that will go through the normal due-process."
Smith has backed the mayor's proposal, while several members of the delegation of state lawmakers representing Detroit have been critical of it, questioning whether it amounts to second-class insurance for Detroiters who pay some of the highest insurance rates in the nation.
Former Attorney General Mike Cox said Monday that the crimes Smith is accused of don't fit with that ballot proposal approved by voters in 2010 that prohibits people from holding state elective office if they were convicted of a felony that involved "dishonesty, deceit, fraud or a breach of the public trust."
"That wouldn't have anything to do with him holding public office," Cox said. "Traditionally, it's misconduct in public office or embezzlement or something like that."
Michigan senators do have the ability to expel a fellow member from the Senate, but it's been done only once, when Macomb County Republican Sen. David Jaye was expelled from office after being arrested on a domestic violence complaint and convicted of three drunken-driving offenses. A Senate panel held a hearing on Jaye's expulsion in 2001, recommended that he be expelled and the full Senate agreed.
"This is a matter for the police to deal with at this point," said Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof, R-West Olive. "If the Senate needs to take action, that will be a discussion for a later time."
This isn't Smith's first run-in with law enforcement, He was convicted twice in 2004 of drinking and driving — first in February of operating a vehicle while impaired by liquor in Lansing and in August of operating while intoxicated offense in Chelsea. His license was revoked because he had two or more drunken-driving convictions within seven years, according to the Michigan Department of State.
Smith appealed his revocation in 2007 and was issued a restricted license; in December 2008 he regained full driving privileges and has had a few minor traffic violations since then. He now has zero points on his driving record, according to the state.
Prior to that, while in college, Smith was arrested twice in two shoplifting-related cases. In February 2002, when Smith was in his early 20s, he dropped a philosophy book down his pants at the Student Book Store in East Lansing, according to police records. He was caught while leaving the store and handed the book back but gave police a false name and birth date, according to the report. He was arrested on disorderly conduct and presenting a false identification, later sentenced to a $250 fine and probation.
Before that incident, he'd been arrested in July 2001 while trying to flee a Meijer store in Okemos with a bottle of tequila, hiding the bottle in his sweatpants. He pleaded guilty in that case to retail fraud, according to previous reports.
DPD source says Mich. Sen. Virgil Smith fired shotgun shots after arguing with girlfriend
Smith has not been arrested
ClickOnDetroit
May 11, 2015
https://www.clickondetroit.com/news/2015/05/11/dpd-source-says-mich-sen-virgil-smith-fired-shotgun-shots-after-arguing-with-girlfriend/
DETROIT – Police searched a state senator's home Sunday after he was accused of firing a shotgun following a fight with his girlfriend.
Sources told Local 4 state Sen. Virgil Smith, who represents the fourth district, fired several shots into the woman's car.
Investigators walked out of Smith's home with what appeared to be a shotgun wrapped in a garbage bag. Investigators with Detroit police placed it in the backseat of an unmarked car.
Around 1 a.m. Sunday police were called to Smith's home for reports of shots fired
Sources told Local 4 that early Sunday morning Smith and his girlfriend, a prominent businesswoman from Ann Arbor, got into an argument. Police said the victim told them multiple shots were fired in front of the home at Wexford and Hilldale, on the east side.
Sources said the woman was not injured, but that her 2015 Mercedes Benz was struck by gunfire.
Neighbors said they have mixed feelings on allegations against Smith of domestic violence.
Local 4 reached out to Smith's girlfriend but she did not return any calls.
The mayor's office is also not commenting on the investigation.
Smith has not been charged. At this point, police won't confirm if he was even questioned or taken into custody.
Senator Virgil Smith in police custody
Michigan's Big Show: Kyle Melinn, Editor of MIRS News
FOX 47 News
May 12, 2015
https://www.youtube.com/watch?v=x_JVFAPmyXk
Virgil Smith free on bond
WXYZ-TV Detroit - Channel 7
May 12, 2015
https://www.youtube.com/watch?v=ho_P0BvnsoU
State Senator Virgil Smith charged
WXYZ-TV Detroit - Channel 7
May 12, 2015
https://www.youtube.com/watch?v=Q3jVG7fkK4k
Virgil Smith arraigned and kicked out of caucus
WXYZ-TV Detroit - Channel 7
May 12, 2015
https://www.youtube.com/watch?v=worxv3H4z1w
Detroit police resubmit warrant request in Sen. Virgil Smith shooting incident
MLIVE
May 12, 2015
http://www.mlive.com/news/detroit/index.ssf/2015/05/detroit_police_resubmit_warran.html#incart_story_package
http://www.mlive.com/news/detroit/index.ssf/2015/05/detroit_police_resubmit_warran.html#incart_story_package
DETROIT, MI -- A charging decision is near in the case of state Sen. Virgil Smith, D-Detroit, who's accused of discharging a rifle into vehicle during a domestic disturbance about 1 a.m. Sunday.
"The Wayne County Prosecutor's Office has recently received the returned warrant request from the Detroit Police Department and it is currently being reviewed," Wayne County Prosecutor Kym Worthy spokeswoman Maria Miller said in a statement Tuesday morning. "An update will be sent out when a charging decision has been made."
The Wayne County Prosecutor's Office received an initial warrant request Monday, but returned it to police requesting more information.
Detroit Police Media Relations Director June West said police are seeking charges of assault with a dangerous weapon and malicious destruction of property.
The Detroit News obtained police reports that indicate Smith fired a rifle upwards of 10 times at his ex-wife's Mercedes Benz after she arrived to find the senator naked with another woman in the house.
The Detroit News reports, based on the statement made to police by Smith's ex-wife, that Smith smashed her face into the carpet and punched her up to five times prior to the shooting that led her to run into an alley and later to a neighbor's home where she called 911.
Police arrested Smith and seized a rifle from the inside his home on the 18000 block of Wexford after serving a search warrant Sunday.
No one answered at Smith's home where a barking brown dog was in the fenced backyard Tuesday. Multiple business cards from reporters were wedged in the front door.
"It's none of your business," said one neighbor who opened her front door two houses north about 10 a.m. Tuesday. "Get out of here."
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014 and represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Michigan Senate Majority Leader Arlan Meekhof is monitoring the situation but is not currently planning any attempts to punish or expel Smith, according to a spokeswoman.
"At this point, the majority leader believes this is an issue for the police to handle and law enforcement to handle," said Amber McCann. "He doesn't want to pursue any options until the full scope of the incident is apparent."
Senate rules allow Michigan lawmakers to expel a member with a two-thirds supermajority vote, but such a move is rare. Former Sen. David Jaye, a Macomb County Republican, was expelled in 2001.
Smith has received citations for impaired driving and operating while intoxicated in 2004, for which his license was revoked and reinstated to a restricted status in 2007, according to a statement issued by Secretary of State spokesman Fred Woodhams.
He's received four speeding tickets since his license reinstatement and received a minor in possession of alcohol citation while in East Lansing in 2000, according to Secretary of State records.
Snyder and Detroit Mayor Mike Duggan refused to comment on the shooting incident during conversations with media at a development announcement for the former Southwestern High School in Detroit Monday.
"That's in the criminal justice system and that will go through the normal process, due process," Snyder said.
Smith recently partnered with Duggan to create legislation to reduce auto insurance premiums for Detroit residents by lowering the minimum insurance requirements.
"We're going to have to wait and see what Kym Worthy does, so we'll leave that to the prosecutor," said Duggan Monday. " ... I'm going to leave the whole thing to the prosecutor.
"When I was prosecutor I didn't appreciate other officials commenting on my charging decisions and I'm going to give her the same courtesy and not comment, and she'll do whatever's appropriate."
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Neither Smith nor his attorney have responded to MLive requests for comment.
Senate expulsion a possibility for Virgil Smith, but leaders taking a wait-and-see approach
MLIVE
May 12, 2015
http://www.mlive.com/lansing-news/index.ssf/2015/05/this_is_a_very_serious_situati.html
LANSING, MI — Michigan lawmakers are taking a wait-and-see approach on potential punishment for state Sen. Virgil Smith, a Detroit Democrat in police custody after allegedly firing a shotgun at his ex-wife's car.
Options include expulsion from the Senate — a rare move requiring a 2/3 supermajority vote — and replacement as chairman of the Michigan Legislative Black Caucus.
Detroit police arrested Smith, 35, on Sunday afternoon after receiving a call regarding an alleged domestic violence incident at his home.
Police reports obtained by The Detroit News suggest Smith fired a rifle upwards of 10 times at his ex-wife's Mercedes Benz about 1 a.m. Sunday after she arrived to find the senator naked with another woman in the house.
"This is a very serious situation," Senate Minority Leader Jim Ananich, D-Flint, told reporters after session on Tuesday.
"We're waiting to find out what the facts are. There have been no charges. Obviously our thoughts are with the victims, and we're going to take this matter very seriously and make sure we take the appropriate action moving forward."
Democrats did not seek an excused absence from session for Smith, who remained in custody Tuesday morning as the Wayne County Prosecutor's Office considered a warrant request resubmitted earlier in the day by the Detroit Police Department.
Smith is chairman of the Michigan Legislative Black Caucus and is a prominent Democrat in the state Senate, where he sits on several committees and has crossed the aisle to work with Republicans on a number of high-profile issues.
The Black Caucus could consider a leadership change at some point, according to Rep. Sheldon Neeley, D-Flint, but that has not yet happened and would require a vote by members.
"It would have to happen that way, but right now our organizational structure is in play. I'm the first vice chair, so I'll be taking over right now for the meeting we have coming up," said Neeley, referring to a "legislative day" on May 21.
Neeley declined to comment directly on the allegations against Smith.
"Due process has to be engaged here, but the primary focus of the caucus currently is our event that's coming up," he said.
Senate rules allow Michigan lawmakers to expel a member with a two-thirds vote, but such a move is very rare. Former Sen. David Jaye, a Macomb County Republican, was expelled in 2001 following a series of arrests.
Ananich and Senate Majority Leader Arlan Meekhof, R-West Olive, have discussed Smith's arrest but are not yet pursuing the expulsion option.
"Senator Smith's absence was noted and mentioned in the caucus room, and nothing more," said Amber McCann, a spokesperson for Meekhof and Senate Republicans. "There was no discussion about any action or anything past that."
Ananich said that "nothing's off the table" in terms of a potential punishment for Smith, but he said he wants to make sure that any action is done in a "deliberative and fair" fashion.
"I think we'll do it as a Senate, but I think it's our responsibility to get our caucus in order," he said. "We'll do this as a Senate, but we're going to make sure we (consider) the seriousness of it. We'll move forward as we know facts."
A Detroit police spokesperson said earlier this week that Smith is likely to face charges of assault with a dangerous weapon and malicious destruction of property.
Smith's ex-wife alleged that he punched her up to five times during the dispute. The Senator, in his own statement to police, alleged that she attempted to attack his girlfriend and said they fell into a TV when he tried to grab her.
Smith, the son of a former state lawmaker now serving as a juvenile court judge, is the top ranking Senate Democrat on the Agriculture, Economic Development and Insurance committees. He also sits on the Banking Committee and the Energy and Technology Committee.
Smith has also played a key role in ongoing discussions about overhauling the state's no-fault auto insurance system. He was the lone Democrat to vote for a no-fault reform bill in the Senate last month and recently introduced a separate low-cost policy option.
Democrats are currently outnumbered in the Senate 11 to 27. Smith won re-election last year in the 4th District after surviving a primary challenge from former state Rep. Rashida Tlaib, D-Detroit.
Update: Sen. Virgil Smith has been removed from all committees and relieved of his duties within the Democratic caucus, Senate Minority Leader Jim Ananich announced Tuesday afternoon in the wake of criminal charges against Smith.
Attorney for Sen. Virgil Smith calls his ex-wife the obvious aggressor
MLIVE
May 12, 2015
http://www.mlive.com/news/detroit/index.ssf/2015/05/sen_virgil_smith_charged_with.html
http://www.mlive.com/news/detroit/index.ssf/2015/05/sen_virgil_smith_charged_with.html
DETROIT, MI -- The Wayne County Prosecutor's Office charged state Sen. Virgil Smith, D-Detroit, with four crimes in connection with a shooting incident about 1 a.m. Sunday at the 35-year-old's Detroit home.
He's charged with felonious assault; malicious destruction of personal property, $20,000 or more; domestic violence, assault and battery; and use of a firearm in the commission of a felony.
Wayne County 36th District Chief Magistrate Millicent D. Sherman set Smith's bond at $25,000, 10 percent, and entered not-guilty pleas on his behalf during the video arraignment Tuesday.
The Prosecutor's Office says Smith's "ex-wife came to his home on Wexford Street and discovered another woman there. It is alleged that Smith physically assaulted his ex-wife and shot at her 2015 Mercedes multiple times with a rifle."
Smith's attorney, Godfrey Dillard, refused to make comment to media following the hearing but called it a he-said-she-said situation during the arraignment.
Smith's ex-wife "is obviously the aggressor in this," he told the court. " ... The defendant was at his home when these events happened and (Smith's ex-wife) forced her way in his home and attacked the defendant as well as the other person who was with the defendant."
According to Wayne County tax records, the home where the incident occurred is owned by an Eliza Smith.
Virgil Smith has been jailed since his arrest Sunday.
Smith, chairman of the Michigan Legislative Black Caucus and a prominent Democrat in the state Senate, is already facing fallout from the arrest.
"We are responsible for ensuring the people of Michigan, and the people of the Fourth Senate District, are represented by a senator who can serve them effectively, "Senate Democratic Caucus leader Jim Ananich said in a statement Tuesday. "To that end, Sen. Smith has been removed from his committees and been relieved of his Caucus responsibilities, effective immediately."
The Detroit News obtained police reports that indicate Smith fired a rifle upwards of 10 times at his ex-wife's Mercedes Benz after she arrived to find the senator naked with another woman in the house.
The Detroit News reports, based on the statement made to police by Smith's ex-wife, that Smith smashed her face into the carpet and punched her up to five times prior to the shooting that led her to run into an alley and later to a neighbor's home where she called 911.
No one answered at Smith's home where a barking brown dog was in the fenced backyard Tuesday. Multiple business cards from reporters were wedged in the front door.
"It's none of your business," said one neighbor who opened her front door two houses north about 10 a.m. Tuesday. "Get out of here."
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014 and represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Michigan Senate Majority Leader Arlan Meekhof is monitoring the situation but is not currently planning any attempts to punish or expel Smith, according to a spokeswoman.
"At this point, the majority leader believes this is an issue for the police to handle and law enforcement to handle," said Amber McCann. "He doesn't want to pursue any options until the full scope of the incident is apparent."
Senate rules allow Michigan lawmakers to expel a member with a two-thirds supermajority vote, but such a move is rare. Former Sen. David Jaye, a Macomb County Republican, was expelled in 2001.
Smith has received citations for impaired driving and operating while intoxicated in 2004, for which his license was revoked and reinstated to a restricted status in 2007, according to a statement issued by Secretary of State spokesman Fred Woodhams.
He's received four speeding tickets since his license reinstatement and received a minor in possession of alcohol citation while in East Lansing in 2000, according to Secretary of State records.
Snyder and Detroit Mayor Mike Duggan refused to comment on the shooting incident during conversations with media at a development announcement for the former Southwestern High School in Detroit Monday.
"That's in the criminal justice system and that will go through the normal process, due process," Snyder said.
Smith recently partnered with Duggan to create legislation to reduce auto insurance premiums for Detroit residents by lowering the minimum insurance requirements.
"We're going to have to wait and see what Kym Worthy does, so we'll leave that to the prosecutor," said Duggan Monday. " ... I'm going to leave the whole thing to the prosecutor.
"When I was prosecutor I didn't appreciate other officials commenting on my charging decisions and I'm going to give her the same courtesy and not comment, and she'll do whatever's appropriate."
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Neither Smith nor his attorney have responded to MLive requests for comment.
Sen. Virgil Smith kicked from committees, leadership post following criminal charges
MLIVE
May 12, 2015 at 3:43 PM
Updated May 12, 2015 at 4:03 PM
http://www.mlive.com/lansing-news/index.ssf/2015/05/sen_virgil_smith_kicked_from_c.html#incart_story_package
http://www.mlive.com/lansing-news/index.ssf/2015/05/sen_virgil_smith_kicked_from_c.html#incart_story_package
LANSING, MI — State Sen. Virgil Smith, a Detroit Demorat facing multiple felony charges after allegedly assaulting his ex-wife and firing a shotgun at her car, has been stripped of key duties in the Legislature.
Senate Minority Leader Jim Ananich, D-Flint, announced Tuesday that Smith will no longer serve as Assistant Democratic Whip and will be removed from all committees.
"We are responsible for ensuring the people of Michigan, and the people of the 4th Senate District, are represented by a Senator who can serve them effectively," Ananich said in a statement.
"To that end, Senator Smith has been removed from his committees and been relieved of his caucus responsibilities, effective immediately."
Senate Majority Leader Arlan Meekhof, R-West Olive, agreed to remove Smith from his committee assignments upon request from Ananich.
The announcement came roughly one hour after the Wayne County Prosecutor's Office charged Smith with felonious assault; malicious destruction of personal property, $20,000 or more; domestic violence, assault and battery; and use of a firearm in the commission of a felony.
Smith was arraigned Tuesday in Wayne County 36th District Court, where defense attorney Godfrey Dillard argued that Smith's ex-wife was "obviously the aggressor in this."
Police reports originally obtained by The Detroit News suggest that Smith fired a rifle up to 10 times at his ex-wife's Mercedes Benz about 1 a.m. on Sunday after she arrived at his house and found him naked with another woman.
Smith had been the top ranking Senate Democrat on the Agriculture, Economic Development and Insurance committees. He also sat on the Banking Committee and the Energy and Technology Committee.
He's also played a key role in efforts to overhaul the state's no-fault auto insurance system. He was the lone Democrat to vote for a no-fault reform bill in the Senate last month and recently introduced a separate low-cost policy option.
The Michigan Constitution and Senate rules allow lawmakers to expel a member via a two-thirds supermajority vote, but such a move is very rare. Former Sen. David Jaye, a Macomb County Republican, was expelled in 2001 following a series of arrests.
As of Tuesday morning, leadership was not pursuing the expulsion option.
"Senator Smith's absence was noted and mentioned in the caucus room, and nothing more," said Amber McCann, a spokesperson for Meekhof and Senate Republicans. "There was no discussion about any action or anything past that."
Democrats did not seek an excused absence from Tuesday's session for Smith, who had remained in custody but had not yet been charged.
Smith is also chairman of the Michigan Legislative Black Caucus. Members could eventually vote to remove Smith from the post but had not taken any action as of Tuesday morning, according to Rep. Sheldon Neeley, D-Flint.
"It would have to happen that way, but right now our organizational structure is in play. I'm the first vice chair, so I'll be taking over right now for the meeting we have coming up," said Neeley, referring to a "legislative day" scheduled for May 21.
Neeley declined to comment directly on the allegations against Smith.
"Due process has to be engaged here, but the primary focus of the caucus currently is our event that's coming up," he said earlier Tuesday.
Democrats are currently outnumbered in the Senate 11 to 27. Smith won re-election last year in the 4th District after surviving a primary challenge from former state Rep. Rashida Tlaib, D-Detroit.
State Sen. Virgil Smith free on bond in shooting case
Detroit Free Press
May 12, 2015
http://www.freep.com/story/news/local/michigan/detroit/2015/05/12/state-sen-virgil-smith-case/27176461/
http://www.freep.com/story/news/local/michigan/detroit/2015/05/12/state-sen-virgil-smith-case/27176461/
State Sen. Virgil Smith, suspected of firing shots at his ex-wife's Mercedes-Benz early Sunday, was arraigned today on felonious assault, domestic violence and other charges in Detroit's 36th District Court.
A not guilty plea was entered by the court for Smith, who appeared in court via video. Magistrate Millicent D. Sherman set Smith's bond at $25,000, of which he has to post 10% to be released.
Smith, who police said posted bond, walked out of the Detroit Detention Center shortly after 4:50 p.m. He declined to comment to a Free Press reporter and got into a vehicle driven by his attorney, Godfrey Dillard.
Dillard did not comment after Smith's arraignment today.
In addition to felonious assault and domestic violence, Smith, 35, is also charged with malicious destruction of personal property $20,000 or more and a charge of possessing a firearm during the commission of a felony. The incident occurred about 1 a.m. Sunday.
During today's arraignment, Dillard, in discussing Smith's bond, told Sherman that his client is a lifelong Detroit resident and has been cooperative with police. Dillard said the complainant in the case -- Smith's ex, Anistia Thomas -- is "obviously the aggressor" in the situation, which occurred at his client's home.
He said "ultimately, this case is going to simply come down to ... the complainant's word versus the defendant's word."
According to the Wayne County Prosecutor's Office, Smith's 35-year-old ex-wife came to his home on Wexford and found another woman there. Smith is accused of physically assaulting his ex and shooting at her 2015 Mercedes-Benz multiple times with a rifle.
"The alleged actions of Senator Smith cannot and will not be tolerated," Wayne County Prosecutor Kym Worthy said in a statement today. "We asked for further work on the warrant and the information was received this morning. We let the facts and evidence guide our charging decision and nothing else."
Smith is due back in court May 22 for a probable cause conference and his preliminary examination is scheduled for May 29. Sherman ordered that Smith have no contact with Thomas.
Detroit police initially submitted a warrant request in the case Monday, but it was returned by the prosecutor's office for more investigation. Police returned it to the prosecutor's office again today for review.
Smith told investigators it was the stupidest thing he had done in his life, according to police.
The shots were fired after his ex allegedly pushed her way into the house and attempted to attack another woman who was in Smith's bed, according to police. According to police, Smith said she threw a chair at the windows of his house and he shot at her car.
The Detroit Democrat represents Senate District 4, which includes portions of Detroit, Allen Park, Lincoln Park and Southgate.
Senate colleagues have doubts about Virgil Smith in office
Detroit Free Press
May 12, 2015
http://www.freep.com/story/news/politics/2015/05/12/sen-virgil-smith-absent-senate-waiting-word-possible-charges/27179301/
http://www.freep.com/story/news/politics/2015/05/12/sen-virgil-smith-absent-senate-waiting-word-possible-charges/27179301/
LANSING – After Sen. Virgil Smith, D-Detroit, was charged with four felonies in the wake of a shooting at his house, the drumbeat for his resignation or removal from office grew louder Tuesday. Other legislators, meanwhile, cautioned against jumping to judgment against the longtime legislator.
Senate Majority Leader Arlan Meekhof, R-West Olive, expressed doubt that Smith could continue serving effectively.
"The charges are very serious and Sen. Smith should give serious consideration to whether or not he can still serve his constituents," said Amber McCann, spokeswoman for Meekhof.
Senate Minority Leader Jim Ananich, D-Flint, said Smith would be removed from his committee assignments and his position as assistant minority whip.
"We are responsible for ensuring the people of Michigan, and the people of the 4th Senate District, are represented by a senator who can serve them effectively," Ananich said in a statement. "To that end, Sen. Smith has been removed from his committees and been relieved of his caucus responsibilities, effective immediately."
The Senate hasn't called for a hearing on expelling Smith, a tactic that's only been used once before when Sen. David Jaye, a Macomb County Republican, was expelled from office in 2001. That came after a domestic violence incident with his then fiancee, three drunk driving arrests and reports of abusive behavior toward staff.
When attendance was called in the state Senate on Tuesday, Smith's name on the electronic voting board stayed yellow, signifying an unexcused absence from the Legislature.
The Detroit Democrat is now facing four felony charges in connection with the shooting at his house early Sunday morning.
Ananich removed Smith from his five committee assignments -- he serves as vice chairman of the Agriculture, the Economic Development and the Insurance committees and is a member of the Banking and Financial Institutions and the Energy and Technology committees -- as well as his leadership position in the caucus. It wasn't clear Tuesday evening whether Smith would be barred from attending caucus meetings if he returns to Lansing.
The Senate could hold a hearing to expel Smith, charged with shooting at his ex-wife after she found another woman in his bed and began arguing with Smith, according to Detroit Police reports. Expulsion would require a two-thirds majority vote of the Senate.
He told police that shooting at his ex-wife's car was one of the stupidest things he had done in his life.
Smith was arrested Sunday and arraigned Tuesday on charges of felonious assault, domestic violence, malicious destruction of personal property $20,000 or more and felony firearm.
Both Republicans and Democrats said the charges are serious but not to the point of expulsion yet.
Sen. Bert Johnson, D-Highland Park, said the Democrats huddled in private Tuesday. "And we agreed, he's our friend. He's our guy. We won't look past anything that might be charged. But in this hypersensitive, public relations-riddled environment of 24-hour news I would caution people to reserve judgment and to let the systems do what they know how to do."
"There will come a time when there will have to be decisions made on what happens here when and if this thing takes a turn for the worse," Johnson added.
The Legislative Black Caucus urged people to let the legal process work before condemning Smith.
"The membership of the Michigan Legislative Black Caucus opposes violence and understands the seriousness of these allegations. However, we would like to urge due process and equal protection in this matter," state Rep. Sheldon Neely, D-Flint, said in a statement. "Like any other individual, Sen. Smith remains innocent until proven guilty. While some are calling for his resignation ... any punitive action taken at this time would be premature."
Smith began his legislative career as a state representative in 2003. He served three terms in the House and was elected to his second term as a senator last year.
If Smith resigns or is expelled from the Senate, Mayor Mike Duggan will lose a key ally in his bid to win state approval for a cheaper auto insurance plan for Detroiters. Smith was the only Detroit Democrat who fully supported Duggan's plan, which would create a city-chartered insurance program in which private insurers would be able to offer Detroit drivers discounted insurance that didn't have the catastrophic coverage that other Michigan drivers get in their insurance plans.
Duggan said he wasn't worried about the possible loss of Smith in the Legislature.
"Anytime anybody is caught up in that type of situation, it's an issue, but we're going to do what we've got to do and line up our votes," Duggan said after updating the City Council Tuesday morning on his proposal for D-Insurance.
Duggan declined comment on the allegations against Smith, a co-sponsor of the insurance bill. The mayor said that getting a new sponsor, if necessary, "is not a difficult practical issue."
Michigan voters overwhelming supported a ballot proposal in 2010 that would prohibit people from holding state elective office if they were convicted of a felony that involved "dishonesty, deceit, fraud or a breach of the public trust," that involved their duties as office holders.
Former Attorney General Mike Cox said the shooting outside Smith's house doesn't necessarily fit that ballot proposal because it had nothing to do with the duties of his office.
Senator's marriage to ex, whose car he shot, was brief
Detroit Free Press
May 12, 2015
http://www.freep.com/story/news/local/michigan/detroit/2015/05/12/senator-divorce/27193489/
http://www.freep.com/story/news/local/michigan/detroit/2015/05/12/senator-divorce/27193489/
The marriage between state Sen. Virgil Smith and his ex — whose Mercedes-Benz he's accused of shooting up with a rifle on Sunday after she discovered another woman in his home — was brief and appears to have started out on the wrong foot.
Smith and Anistia Thomas were married in Detroit on May 6, 2009, but Smith filed for divorce, less than two months later, on July 10, citing a marital breakdown beyond repair, Wayne County court records show.
Virgil Smith claimed they lived separately — he in Detroit and she in Brooklyn, N.Y. — and that they never cohabited. She disputed that, saying they had indeed lived together, although she did maintain a home in New York.
Anistia Smith counter sued, seeking an annulment. She claimed she'd been deceived by Virgil Smith who, according to court filings, made promises and assurances prior to the marriage "that he would attend marriage counseling, work diligently to combine the parties' lives into one, and work on matters of communication through spiritual guidance."
Specifics weren't spelled out, but Anistia Smith said in court papers that she "relied upon these assurances and representations in consent to marriage, but believes the representations were false and made with intent to deceive."
She denied that there was a breakdown in the marriage, instead asking that it be annulled, arguing that, "rather that perform upon his promises and assurances, Virgil Smith commenced proceedings for annulment or divorce … a mere 59 days after the marriage ceremony."
Virgil Smith later consented to his wife's request for an annulment, which Wayne County Circuit Judge Charlene Elder granted on Oct. 6, 2009.
Smith's attorney, Godfrey Dillard, in the criminal case did not comment today after his client was arraigned in Detroit's 36th District Court on charges. Thomas has not returned messages seeking comment.
The Detroit Democrat is facing felonious assault, domestic violence, malicious destruction of property and felony firearm charges in connection with the Sunday incident outside of his home in the 18600 block of Wexford. According to the prosecutor's office, Smith physically assaulted his ex-wife and shot her 2015 Mercedes-Benz multiple times at about 1 a.m.
Smith told police she pushed her way into his home, attempted to attack a woman in his bed and he forced her out of his house, according to police. He told investigators she threw a chair at his windows and he shot her vehicle.
State Senator Virgil Smith's alleged domestic violence gets sleazy
Detroit Examiner
May 12, 2015
https://infoweb.newsbank.com/
Michigan State Senator Virgil Smith was arrested on Mother's Day for peppering his ex-wife's Mercedes-Benz with gunfire. Today, police released steamy details about the possible domestic violence scandal.
Known locally as the "Mother's Day Massacre," reports indicate that Senator Virgil Smith's ex-wife came to his house in the 18600 block of Wexford while he was disrobed with another woman. When Smith opened the door, his ex-wife attacked the other woman, reports said. While his ex-wife sped away down the residential street, the nude State Senator Virgil Smith strafed her car with gunfire. At least ten shots hit the car, according to police.
Mr. Smith represents Senate District 4, which includes portions of Detroit, Allen Park, Lincoln Park and Southgate
Disillusioned constituents today expressed outrage over the allegations against the African-American Democrat Senator Smith. Democratic activist Karen from Allen Park lamented today, "We're supposed to be anti-guns. But Virgil Smith had a rifle with multiple loaded clips ready to use and goes naked Rambo on his ex-wife's car. What a hypocrite!"
This isn't Mr. Smith's first trouble with police because of what was supposed to be in his pants. In February 2002, Mr. Smith tried to steal a book from the East Lansing Student Book Store by shoving it down his pants. When police detained Mr. Smith, he gave them a false name and birth date, according to records. He was arrested for disorderly conduct and presenting false identification.
In July 2001, he was arrested at the Meijer store in Okemos with a bottle of tequila wedged down his pants. He pleaded guilty to retail fraud, according to public records.
He also was convicted twice in 2004 of drinking and driving, once in Lansing and once in Chelsea. His license was revoked at that time, according to the Michigan Department of State.
Southfield political analyst, Henry said, "State Senator Virgil Smith is another Democratic favorite in the pattern of Kwame Kilpatrick. Democratic corruption is a real problem in Detroit and this is only the tip of the iceberg. Some racist Democrats will vote for a corrupt African-American politician over and over again just because of his race rather than vote for an honest, competent community leader who is a different race."
OPINION: Detroit gun violence - Shouldn't State Sen. Virgil Smith be part of the solution?
Mike Thompson
Detroit Free Press
May 12, 2015
http://www.freep.com/story/opinion/columnists/mike-thompson/2015/05/12/virgil-smith-gun-charges-detroit-gun-violence/27184781/
Virgil Smith DUI Dismissal - May 18, 2010
MLIVE
May 13, 2015
http://media.mlive.com/news/detroit_impact/other/Virgil%20Smith%20DUI%20dismissal.pdf
http://media.mlive.com/news/detroit_impact/other/Virgil%20Smith%20DUI%20dismissal.pdf
State Sen. Virgil Smith released on bond
The Detroit News
May 13, 2015
http://www.detroitnews.com/story/news/local/detroit-city/2015/05/12/virgil-smith/27173735/
May 13, 2015
http://www.detroitnews.com/story/news/local/detroit-city/2015/05/12/virgil-smith/27173735/
Just before 5 p.m. he was released from police custody at the Detroit Detention Center on Mound Road to calls in Lansing for his resignation from the Legislature.
Smith, 35, was charged with felonious assault, malicious destruction of personal property $20,000 or more, domestic violence assault and battery and felony firearm after he was accused of shooting up the car of his ex-wife, Anistia Thomas, overnight Sunday while naked.
He was arraigned by video before 36th District Magistrate Millicent Sherman and given a $25,000 bond. He paid 10 percent and was released.
The charges prompted Senate Democratic and majority Republican leaders Tuesday afternoon to pressure Smith, D-Detroit, to consider resigning.
"These are serious charges, and Sen. Smith should give serious consideration to whether or not he can still serve his constituents," said Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof, R-West Olive.
It takes a two-thirds majority or 26 of the Senate's 38 members to vote to expel a member and list the reason or reasons in the Senate journal, according to the Michigan Constitution. Republicans control 27 seats.
On Tuesday, Senate Minority Leader Jim Ananich, D-Flint, stripped Smith of his committee assignments and relieved him of Democratic caucus duties, such as being the assistant Democratic whip.
"We are responsible for ensuring the people of Michigan, and the people of the 4th Senate District, are represented by a senator who can serve them effectively," Ananich said in a statement.
Smith had been the minority vice chairman of the agriculture, economic development and energy committees as well as a member of the banking and financial institutions panel.
The Michigan Legislative Black Caucus urged the public and other lawmakers to withhold judgment on Smith, considering he has served as a state representative and senator "with distinction" since 2003.
"The membership of the Michigan Legislative Black Caucus opposes violence and understands the seriousness of these allegations," the caucus said in a statement. "However, we would like to urge due process and equal protection in this matter as outlined in our 14th Amendment.
"Like any other individual, Sen. Smith remains innocent until proven guilty."
If he is convicted of the crimes he's accused of, it wouldn't necessarily lead to removal from office despite a state law meant to give lawmakers an option to remove a colleague who breaches the public's trust.
"I'd caution people to reserve their judgment," fellow Detroit Democrat Bert Johnson said earlier Tuesday.
"There will come a time when there will have to be some decisions made about actions here, when and if this thing takes a turn for the worse, but we're not there yet," he added. "This is a big, big thing, and it's trouble, but it deserves our patience and our due diligence."
Smith is the son of Wayne County Circuit Judge Virgil Smith, who presides over the court's Juvenile Division.
After police Monday sought charges against Smith, Wayne County Prosecutor Kym Worthy sent the warrant request back for further investigation. Police re-sent the warrant request Tuesday.
"We asked for further work on the warrant and the information was received this morning," Worthy said in a statement. "We let the facts and evidence guide our charging decision and nothing else."
Besides the charges he faces, Smith was ordered to have no contact with his ex-wife.
Godfrey Dillard, Smith's attorney, called Thomas the "aggressor" in the incident.
Dillard said during the brief arraignment hearing that Thomas "forced her way into (Smith's home)" and attacked him.
"This case is going to come down to the complainant's word versus the defendant's word," Dillard said. He refused comment after the hearing.
Dillard on Monday had asked Chief Wayne Circuit Judge Timothy Kenny to sign a writ authorizing Smith's early release from the Detroit Detention Center, but Kenny refused, three law enforcement sources confirmed.
Kenny declined to comment, because he said the case might be assigned to him. Dillard did not return a phone call seeking comment.
If convicted, Smith faces up to four years in prison on the felonious assault charges; a possible five years and $15,000 in fines for the malicious destruction of property charges. He could spend up to a year behind bars for the domestic violence charge and another two years for the felony firearms charge.
Smith told police that shooting at Thomas' Mercedes-Benz GLA250 with a rifle was "the most stupid thing" in his life.
In a Detroit Police report, Smith said Thomas "was banging on (the) bedroom window" of his home in the 18000 block of Wexford on the city's east side at about 1 a.m. Smith said he opened the front door, and Thomas "kicked the door open and pushed (past) him."
Smith told police Thomas tried to attack a woman who was in his bed. He said he grabbed Thomas, they both fell backwards, knocking over a television. Smith told police he forced Thomas out of the house and she threw a chair at the windows. He then said he shot at her car.
A second police report, containing Thomas' side of the story, said she was invited to stay the night at Smith's house, and, when she arrived a naked Smith and an unknown woman met them at the door.
She told police she and Smith argued, he grabbed her and shoved her face first into the carpet. Smith then hit her four or five times in the face with his fists. Thomas said as she fled the house Smith followed her with a gun and fired at her.
Police said a rifle of undisclosed make and model was recovered from the home, according to the report. They called it an automatic weapon, but that could not be confirmed.
Smith filed for divorce in 2009, 59 days after the two were married. The marriage was annulled, according to court records. The couple has no children, according to the filing.
Smith represents the 4th Senate District, from the city's north side, south to Allen Park, Lincoln Park and Southgate. He was re-elected in 2014 to a second four-year term. He previously served three terms in the Michigan House, following his father into politics.
In 2000, he had an arrest for minor in possession of alcohol, according to Secretary of State spokesman Fred Woodhams. In February 2004, he had an operating while impaired by liquor offense; in August of that year, he faced an operating while intoxicated offense. His license was revoked in 2004, Woodhams said. It was fully reinstated in December 2008.
Sen. Virgil Smith of Detroit evaded prior felony charge in 2010
MLive
May 13, 2015
DETROIT, MI -- State Sen. Virgil Smith of Detroit, facing felonies for a shooting incident involving his ex-wife Sunday, evaded a potential prior felony in 2010.
Smith received citations for impaired driving and operating while intoxicated in 2004, and was arrested a third time under suspicion of operating while intoxicated at 7:30 p.m. Jan. 12, 2010, but never charged.
The third offense would have been a felony.
Wayne County Prosecutor Kym Worthy decided not to have her office review the case, due to a conflict of interest, and instead turned it over to the Attorney General's Office. The Washtenaw County Prosecutor's Office was ultimately chosen to review Smith's case, says Washtenaw County First Assistant Prosecutor Konrad L. Siller.
Smith's father, Virgil C. Smith, was at the time of the 2010 arrest and remains a Wayne County Third District Court judge.
The judge also served as a Wayne County assistant prosecutor until his judicial appointment in 2004 by former Gov. Jennifer Granholm.
Siller reviewed the case and ruled there wasn't adequate evidence to prosecute and convict Smith, who initially registered nearly twice the legal blood-alcohol level for driving after submitting to a roadside preliminary breath test.
Detroit police observed Smith, at the time not yet a state senator, as he accelerated quickly from a stop light. He reached estimated speeds in excess of 55 mph in a 30 mph zone and failed to use a turn signal while changing lanes before being stopped by officer, a May 18, 2010 letter from Siller to Detroit police says.
Officers said they smelled a "strong odor" of alcohol on Smith's breath and ordered him from the car, when he proceeded to twice lean to his left while walking to the rear of the vehicle, the letter says.
Smith told police he'd consumed three shots of Hennessy, at which time the officers requested a preliminary roadside breath test, which isn't admissible in court but offers police evidence of probable cause to make a drinking and driving arrest.
Smith had a .154 blood-alcohol level, according to the roadside test. The maximum legal alcohol limit for driving is .08 in Michigan.
Despite indications he wasn't sober, officers failed to conduct a field sobriety test.
Sillers said when suspects test extraordinarily high on the roadside tests, police sometimes forgo the field sobriety test.
The Detroit police transported Smith to the precinct where he was administered a more reliable and court-admissible DataMaster blood-alcohol test.
Less than an hour after being pulled over, the test revealed a legal blood-alcohol level of .07, Siller's letter states, adding that officers did not note compliance with state law that requires suspects be monitored for 15 minutes prior to the test to ensure they don't eat, drink, smoke or regurgitate.
Without that 15-minute observation period, Siller told MLive it's inadmissible, "so in the end we had nothing to use in court."
Smith was cited for driving with tinted windows and speeding.
Smith's most recent trouble arose from a domestic dispute about 1 a.m. Sunday. The senator's ex-wife visited his home on Wexford in Detroit to find him in the home with another woman.
An altercation ensued and ended with the ex-wife running away and Smith firing a rifle at her Mercedes Benz, the Wayne County Prosecutor's Office said.
Smith's ex-wife "is obviously the aggressor in this," Smith's attorney, Godfrey Dillard, said during the arraignment Tuesday. " ... The defendant was at his home when these events happened and (Smith's ex-wife) forced her way in his home and attacked the defendant as well as the other person who was with the defendant."
The Detroit News obtained police reports that indicate Smith fired a rifle upwards of 10 times at his ex-wife's Mercedes Benz after she arrived to find the senator naked with another woman in the house.
The Detroit News reports, based on the statement made to police by Smith's ex-wife, that Smith smashed her face into the carpet and punched her up to five times prior to the shooting that led her to run into an alley and later to a neighbor's home where she called 911.
Following the charges Tuesday, Smith was relieved of key roles in the state Legislature and removed from multiple committees.
Though Smith's father continues to preside as a judge in Wayne County's Third Circuit Court, Worthy says there won't be a conflict this time because he presides over the juvenile division.
Worthy's office also prosecutes cases in the juvenile and family court.
Smith is charged with felonious assault; malicious destruction of personal property, $20,000 or more; domestic violence, assault and battery; and use of a firearm in the commission of a felony.
He was released from jail Tuesday on a $25,000, 10 percent bond.
Smith served three years in the House of Representatives before being elected to the Senate in 2010. He was re-elected to the Senate in 2014 and represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Virgil Smith avoided 3rd drinking-driving charge in 2010
Detroit Free Press
May 13, 2015
https://www.freep.com/story/news/local/michigan/detroit/2015/05/13/virgil-smith-impaired-driving/27246351/
State Sen. Virgil Smith is arraigned on felonious asault, domestic violence and other charges in Detroit's 36th District court.
It would have been Smith's third drinking-and-driving offense and he could have potentially been charged with a felony.
But the Washtenaw County Prosecutor's Office — asked to step into the case after Wayne County Prosecutor Kym Worthy recused herself — found there was "insufficient admissible evidence" to charge Smith with drunken driving.
The assistant prosecutor who reviewed the case found Detroit police did not administer standard field sobriety tests and didn't determine how much time had elapsed between when Smith had his last drink and when the initial breathalyzer test was conducted.
According to the memo from Washtenaw County Assistant Prosecutor Konrad Siller, Smith registered a .154 on the portable breathalyzer, but less than half an hour later registered a .07 on a more accurate DataMaster blood-alcohol test given at the precinct station.
Under state law, the threshold for drunken driving is a .08 blood alcohol level. A motorist can be charged with impaired driving at a lower blood alcohol level but there has to supporting evidence of visible impairment.
"The admissible evidence against Virgil Kai Smith including speeding, failure to use a turn signal, the strong odor of intoxicants, an admission of consuming three shots of liquor, and that he twice leaned while walking to the rear of his vehicle," Siller said. "This evidence is insufficient to prove beyond a reasonable doubt that Virgil Kai Smith was intoxicated or his ability to operate a vehicle was impaired."
Eric Gutenberg, a Washtenaw County assistant prosecutor, said today that the 2010 decision not to authorize charges "was based on the report presented to our office. I'm not going to speculate on anything else."
Wayne County Prosecutor Kym Worthy's office said today that Worthy handed the case over to Washtenaw County to avoid a potential conflict of interest, because Smith's father, Virgil C. Smith, was the chief judge of Wayne County Circuit Court.
Detroit Police pulled Smith over the night of Jan. 21, 2010, after officers saw him accelerate rapidly after stopping at a red light at 7 Mile and Woodward and then fail to signal before making a lane change. They paced him driving at 55-60 mph in a 30 mph zone and stopped his car, according to a Siller's memo.
The officers noticed a smell of alcohol on Smith's breath and noted that he leaned to the left twice as he walked to the rear of his vehicle, the memo says. Smith admitted to drinking "three shots of Hennessy" – a cognac – and officers performed a preliminary breath test that registered a blood alcohol level of .154.
It wasn't clear why officers wouldn't have performed the field sobriety tests that Birmingham lawyer Issa Haddad, who specializes in drunken driving cases, said cops are well-trained to do. Haddad said that, based on the traffic infractions outlined in the memo and the high preliminary breath test reading, there would have been enough evidence to charge Smith.
Smith's lawyer, Godfrey Dillard, couldn't be reached for comment. He has not returned phone messages left by the Free Press since news of the incident emerged.
Smith was convicted twice in 2004 of drinking and driving — first in February of operating a vehicle while impaired by liquor in Lansing and in August of operating while intoxicated offense in Chelsea. His license was revoked because he had two drunken-driving convictions within seven years, according to the Michigan Department of State.
Smith appealed his revocation in 2007 and was issued a restricted license; in December 2008 he regained full driving privileges. He currently has zero points on his driving record, according to the state.
Following the weekend incident, the 35-year-old lawmaker has been stripped of his committee assignments by Senate leaders. He is free on bond on charges that also include malicious destruction of personal property $20,000 or more and possessing a firearm during the commission of a felony.
Worthy's office said Smith's 35-year-old ex-wife Anistia Thomas came to his home on Wexford around 1 a.m. Sunday and found another woman there. Smith is accused of physically assaulting his ex and shooting at her 2015 Mercedes-Benz multiple times with a rifle.
He is due back in court May 22 for a probable cause conference; a preliminary examination is scheduled for May 29. Smith was ordered to have no contact with his ex.
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