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
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
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.
Senator charged in shooting incident
Saginaw News
May 13, 2015
https://infoweb.newsbank.com/
The Wayne County Prosecutor's Office charged state Sen. Virgil Smith, 35 with four crimes in connection with a shooting incident about 1 a.m. Sunday at his Detroit home.
He 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.
The Prosecutor's Office said Smith's "ex-wife came to his home on Wexford Street and discovered another woman there. It is alleged Smith physically assaulted his ex-wife and shot at her 2015 Mercedes multiple times with a rifle."
Smith is chairman of the Michigan Legislative Black Caucus and a prominent Democrat in the state Senate, where he sits on several committees and has crossed the aisle to work with Republicans on some high-profile issues.
The Black Caucus could consider a leadership change, according to Rep. Sheldon Neeley, D-Flint. It would require a vote by members.
The Detroit News obtained police reports that indicate Smith fired a rifle as many as 10 times at his ex-wife's car after she arrived to find the senator naked with a woman in the house.
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 as many as five times before the shooting that led her to run into an alley and later to a neighbor's home, where she called 911.
Kym Worthy won't recuse herself from prosecuting state Sen. Virgil Smith -- this time
MLive
May 15, 2015
https://www.mlive.com/news/detroit/2015/05/kym_worthy_wont_recuse_herself.html
DETROIT, MI -- Despite her longtime work relationship with a Wayne County Circuit judge, Prosecutor Kym Worthy won't' recuse herself from prosecuting his son -- even though she did it once before.
Worthy this week charged state Sen. Virgil Smith Jr., D-Detroit, the son of Wayne County Circuit Judge Vigil Smith Sr., who presides in the Family Juvenile court, 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.
Worthy'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."
The incident occurred about 1 a.m. Sunday. Smith Jr. was arrested later the same day.
Prior conflict
Smith Sr. worked as a Wayne County assistant prosecutor for several months as Worthy's employee in early 2004 before being appointed by Gov. Jennifer Granholm to the Wayne County's Third Circuit Court.
Smith Sr. continues to rule on cases brought before him by Worthy and her employees.
This isn't Smith Jr.'s first encounter with his father's employer.
After receiving two drinking-and-driving-related citations in 2004, Smith Jr. faced a felony for a third offense after being stopped by Detroit police in January 2010.
When Detroit police submitted the 2010 case to Worthy, she declined to take it, citing a conflict of interest with Smith Sr., who at the time was the Third Circuit Court's chief judge.
Despite having a .154 percent blood-alcohol level according to an inadmissible roadside breathalyzer test, the case was ultimately dismissed by the Washtenaw County Prosecutor's Office for lack of evidence.
Conflict resolved
This time around, Worthy says the conflict of interest is nonexistent.
"As the former chief judge for the Wayne County Third Judicial Court, Judge Smith was the head of the Civil, Criminal , Family and Probate Divisions," Worthy spokeswoman Maria Miller said in an email to MLive Detroit Wednesday. "Prosecutor Worthy requested that the Office of the Attorney General appoint another office (to) handle the 2010 allegations because of the potential for a conflict of interest.
"Prosecutor Worthy is not recusing the office in the current case because Judge Smith is no longer the chief judge of the court and therefore she believes there is no conflict of interest."
The Wayne County Third Judicial Court is the largest in the nation with three divisions and nearly 63 judges, according to the court website.
Smith Sr. presides in the Family Juvenile Division court, located in a separate building from the court where Smith's hearings will be held, and the Wayne County Prosecutor's Office is located.
Attorney Neil Rockind, who worked as an Oakland County assistant prosecutor from 1993 to 1997 before opening his criminal defense practice in Southfield, says any question about a conflict of interest is one too many.
"To me, there are two standards for when a prosecutor or judge should recuse themselves," Rockind said. "The standards are, one, if you are actually biased against a party; or, whether there is an appearance of bias.
"We want the legal system to be beyond question."
Rockind, who called Worthy "dependable and trustworthy," says it's not about whether her staff can fairly prosecute Smith Jr. -- or whether the presiding judge can rule fairly despite being a coworker of the defendant's father.
That there might be a conflict "shouldn't even be a thought that crosses anyone's mind," he says. "You wonder whether public interest wouldn't be better served by this being prosecuted by another office."
Smith Sr. presides in the Family Juvenile Division court, located in a separate building from the court where Smith's hearings will be held, and the Wayne County Prosecutor's Office is located.
Attorney Neil Rockind, who worked as an Oakland County assistant prosecutor from 1993 to 1997 before opening his criminal defense practice in Southfield, says any question about a conflict of interest is one too many.
"To me, there are two standards for when a prosecutor or judge should recuse themselves," Rockind said. "The standards are, one, if you are actually biased against a party; or, whether there is an appearance of bias.
"We want the legal system to be beyond question."
Rockind, who called Worthy "dependable and trustworthy," says it's not about whether her staff can fairly prosecute Smith Jr. -- or whether the presiding judge can rule fairly despite being a coworker of the defendant's father.
That there might be a conflict "shouldn't even be a thought that crosses anyone's mind," he says. "You wonder whether public interest wouldn't be better served by this being prosecuted by another office."
Rockind says the debate about a conflict is unnecessary, if only the case were handled by another prosecutor in another county.
Another legal expert, Erika R. Breitfeld, an assistant professor for Western Michigan University's Thomas M.Cooley Law School, sides with Worthy.
"The Third Circuit is a very large bench with three different divisions" and "currently, Judge Virgil Smith Sr. presides over the family juvenile division -- not the criminal bench," she said. "As such, the judge will not be overseeing the case or working closely with any of the judges who may preside over the matter.
"By presiding over a different division, which is unrelated to the criminal division, the prosecutor's office avoids any possible conflict of interest or appearance of impropriety."
It also removes one possible basis for appeal should Smith Jr. be convicted.
The embattled state senator's attorney, Godfrey Dillard, has so far declined to comment publicly about his feelings on the matter.
Smith Jr. is scheduled to appear in court again May 22 for a probable cause hearing.
Meanwhile, his political future is uncertain. Smith Jr. was removed from his legislative committees and been relieved of his Caucus responsibilities Tuesday.
How to deal with a senator in hot water - off the Record
Manistee News Advocate
May 16, 2015
https://infoweb.newsbank.com/
Long-time insurance industry friend Sen. Virgil Smith was enjoying the Detroit Tigers game from the Michigan Blue Cross Blue Shield sky box last Saturday and was described as happy and apparently without any personal stress.
As Saturday afternoon at the ball park faded into early Sunday morning at his home in Detroit, his stress level apparently went off the charts as he is accused of firing his rifle 10 times into his former wife's Mercedes Benz. And by the time the local prosecutor was done with him, he is now facing four very serious felony charges, his political future in this town is questionable at best and pretty grim at worst.
It's one thing to say someone is innocent until proven guilty but in the political world where optics can trump guilt or innocent, Sen. Smith has already taken some hits.
After the story broke, state senators returned to town on Tuesday. It was the first time the news media could seek reaction to the mess their colleague found himself in. First, the speculation. Would Mr. Smith show-up for work?
Answer: His office was locked.
His car was not in the capitol parking lot and when they took attendance Tuesday morning, he was the only no-show. There were obvious concerns that if he attended session there would be a "media circus" so the senator was advised to lay low and nobody knows if and when he will show up on the senate floor.
The Senate GOP leader Arlan Meekhof took the first step to tap down the story by advising his Republican colleagues not to avoid the media like the plague. Later, through an aide, he suggested maybe the senator should consider stepping down.
Senate Democrats talked about it too behind closed doors, but Minority Leader Jim Ananich was a stand-up guy, and granted an interview. He seemed to reflect the sentiment on both sides of the aisle; he would not be stampeded to make a rush judgement on his fellow Democrat. Everyone acknowledged that all the facts where not in, and this was at the moment a classic he-said-she-said story that was not going away anytime soon.
This let's-not-rush-into-anything changed for Mr. Ananich when Wayne County Prosecutor Kim Worthy unloaded on Mr. Smith - felonious assault; malicious destruction of personal property, domestic violence assault/battery and felony firearm charges.
Once Mr. Ananich heard that, he took swift action. Without asking for a vote from his 10 colleagues, he removed Mr. Smith from his five committee assignments and took away his caucus leadership post. The leader said he wanted to make sure the citizens in the 4th Senate District had effective leadership, but removing their senator from those committees meant they would have no representation.
Why the change of heart? The Flint Democrat explains he wanted to place Democrats on those five committees since it was unclear if Sen. Smith would ever show up.
"He needs to focus on his legal challenges," Mr. Ananich advised his colleague. "I'm hopeful he gets the counseling help that he needs and this legal matter gets dealt with."
Hours later word reached the media that the senate Democrat leader had thought about calling for an expulsion hearing within two weeks.
"Everything is on the table, but we are early in the process," he explains. He quickly knocked down as "untrue" the speculation that he would order the ouster hearing.
At least one legal source confides that is the right strategy. No one in the legislature is fond of voting a colleague out of office. They have done it, to be sure, but it's an ugly process. By holding off on a hearing, it's possible senators may be taken off the hook by the prosecutor. There's speculation that she may work a plea bargain with the senator and resignation could be part of that deal. There's no way to confirm any of this but in the past, as in the example of former Sen. Joe Mack, that's exactly what came down.
There's also some speculation about a new state law. the Kwame law, named after you know who. If a public official is convicted of a crime but was not acting as a public official at the time, explosion could be avoided.
At this read, no additional action appears to be in the offing as the legal process unfolds. Of course all that would dramatically change for senators if their former colleague decides to show-up for work. Then what?
It's a good bet they are hoping that never happens.
Sen. Virgil Smith's political future remains uncertain, but looks grim in light of felony charges
MLive
May 17, 2015
https://www.mlive.com/lansing-news/2015/05/sen_virgil_smiths_political_fu.html
Long-time insurance industry friend Sen. Virgil Smith was enjoying the Detroit Tigers game from the Michigan Blue Cross Blue Shield sky box last Saturday and was described as happy and apparently without any personal stress.
As Saturday afternoon at the ball park faded into early Sunday morning at his home in Detroit, his stress level apparently went off the charts as he is accused of firing his rifle ten times into his former wife's Mercedes Benz. And by the time the local prosecutor was done with him, he is now facing four very serious felony charges and his political future in this town is questionable at best and pretty grim at worst.
It's one thing to say someone is innocent until proven guilty but in the political world where optics can trump guilt or innocent, Sen. Smith has already taken some hits.
After the story broke, state senators returned to town Tuesday -- it was the first time the news media could seek reaction to the mess their colleague found himself in.
First the speculation: would Smith show-up for work?
Answer: his office was locked, his car was not in the capitol parking lot and when they took attendance Tuesday morning, he was the only no-show. Smith, who was arrested Sunday night, was in jail, until he paid bail following his Tuesday arraignment. Nobody knows if and when he will show up on the senate floor.
Senate GOP leader Arlan Meekhof took the first step to tap down the story by advising his Republican colleagues to avoid the media like the plague. Later through an aide he suggested maybe the senator should consider stepping down.
Senate Democrats talked about it too behind closed doors but Minority leader Jim Ananich was a stand-up guy and granted an interview. He seemed to reflect the sentiment on both sides of the aisle; he would not be stampeded to make a rush judgement on his fellow Democrat. Everyone acknowledged that all the facts where not in and this was at the moment a classic "he said, she said" story that was not going away anytime soon.
This let's-not-rush-into-anything changed for Ananich when Wayne County Prosecutor Kim Worthy unloaded on Smith. Felonious assault; malicious destruction of personal property, domestic violence assault/battery and felony firearm charges.
Once Ananich heard that he took swift action. Without asking for a vote from his 10 colleagues he removed Mr. Smith from his five committee assignments and took away his caucus leadership post. The leader said he wanted to make sure the citizens in the 4th Senate district had effective leadership, but removing their senator from those committees meant they would have no representation.
Why the change of heart?
The Flint Democrat explains he wanted to place Democrats on those five committees since it was unclear if Senator Smith would ever show up. "He needs to focus on his legal challenges," Ananich advised his colleague. "I'm hopeful he gets the counseling help that he needs and this legal matter gets dealt with..."
Hours later word reached the media that the senate D leader had thought about calling for an expulsion hearing within two weeks. "Everything is on the table, but we are early in the process," he explains. He quickly knocked down as "untrue" the speculation that he would order the ouster hearing.
At least one legal source confides that is the right strategy.No one in the legislature is fond of voting a colleague out of office. They have done it, to be sure, but it's an ugly process. By holding off on a hearing, it's possible senators may be taken off the hook by the prosecutor. There's speculation that Worthy may work a plea bargain with the senator and resignation could be part of that deal. There's no way to confirm any of this, but in the past, as in the example of former Sen. Joe Mack, that's exactly what came down.
There's also some speculation about a new state law where if a public official is convicted of a crime but was not acting as a public official at the time, expulsion could be avoided.
At this read no additional action appears to be in the offing as the legal process unfolds. Of course all that would dramatically change for senators, if their former colleague decides to show-up for work. Then what?
It's a good bet they are hoping that never happens.
What to do about Sen. Virgil Smith
The Pioneer, Big Rapids MI
TIM SKUBICK Guest Columnist
May 18, 2015
https://infoweb.newsbank.com/
Long-time insurance industry friend Sen. Virgil Smith was enjoying the Detroit Tigers game from the Michigan Blue Cross Blue Shield sky box last Saturday and was described as happy and apparently without any personal stress. As Saturday afternoon at the ball park faded into early Sunday morning at his home in Detroit, his stress level apparently went off the charts as he is accused of firing his rifle ten times into his former wife’s Mercedes Benz. And by the time the local prosecutor was done with him, he is now facing four very serious felony charges and his political future in this town is questionable at best and pretty grim at worst.
It’s one thing to say someone is innocent until proven guilty but in the political world where optics can trump guilt or innocent, Senator Smith has already taken some hits.
After the story broke, state senators returned to town on Tuesday. It was the first time the news media could seek reaction to the mess their colleague found himself in.
First the speculation. Would Mr. Smith show-up for work?
Answer: His office was locked. His car was not in the capitol parking lot and when they took attendance Tuesday morning, he was the only no-show. There were obvious concerns that if he attended session there would be a “media circus” so the senator was advised to lay low and nobody knows if and when he will show up on the senate floor.
The senate GOP leader Arlan Meekhof took the first step to tap down the story by advising his Republican colleagues not to avoid the media like the plague. Later, through an aide he suggested maybe the senator should consider stepping down.
Senate Democrats talked about it too behind closed doors but Minority leader Jim Ananich was a stand-up guy and granted an interview. He seemed to reflect the sentiment on both sides of the aisle; he would not be stampeded to make a rush judgment on his fellow Democrat. Everyone acknowledged that all the facts where not in and this was at the moment a classic “he said, she said” story that was not going away anytime soon.
This let’s-not-rush-into-any-thing changed for Mr. Ananich when Wayne County Prosecutor Kim Worthy unloaded on Mr. Smith. Felonious assault, malicious destruction of personal property, domestic violence assault/battery and felony firearm charges.
Once Mr. Ananich heard that he took swift action. Without asking for a vote from his 10 colleagues he removed Mr. Smith from his five committee assignments and took away his caucus leadership post. The leader said he wanted to make sure the citizens in the 4th senate district had effective leadership but removing their senator from those committees meant they would have no representation.
Why the change of heart?
The Flint Democrat explains he wanted to place Democrats on those five committees since it was unclear if Senator Smith would ever show up. “He needs to focus on his legal challenges,” Mr. Ananich advised his colleague. “I’m hopeful he gets the counseling help that he needs and this legal matter gets dealt with...”
Hours later word reached the media that the senate D leader had thought about calling for an expulsion hearing within two weeks. “Everything is on the table, but we are early in the process,” he explains. He quickly knocked down as “untrue” the speculation that he would order the ouster hearing.
At least one legal source confides that is the right strategy. No one in the legislature is fond of voting a colleague out of office. They have done it, to be sure, but it’s an ugly process. By holding off on a hearing, it’s possible senators may be taken off the hook by the prosecutor. There’s speculation that she may work a plea bargain with the senator and resignation could be part of that deal. There’s no way to confirm any of this but in the past, as in the example of former Sen. Joe Mack, that’s exactly what came down.
There’s also some speculation about a new state law..the Kwame law named after you know who. If a public official is convicted of a crime but was not acting as a public official at the time, expulsion could be avoided.
At this read no additional action appears to be in the offing as the legal process unfolds. Of course, all that would dramatically change for senators if their former colleague decides to show-up for work.
Then what?
It’s a good bet they are hoping that never happens.
Detroit Sen. Virgil Smith misses 4th session since his arrest
The Detroit News
May 19, 2015
https://www.detroitnews.com/story/news/politics/2015/05/19/virgil-smith-senate/27592019/
Lansing — Detroit Sen. Virgil Smith missed a fourth legislative session Tuesday, his status essentially on hold while he awaits further court proceedings on charges from a shooting incident outside his home.
Smith, whose Senate office is locked, was released on bond a week ago. Members of the Senate Republican and Democratic caucuses, including Minority Leader Jim Ananich, D-Flint, were deflecting questions about him Tuesday as business went on as usual.
Amber McCann, spokeswoman for Majority Leader Arlan Meekhof, R-West Olive, said members of Smith’s state-paid office staff had been moved to the Senate’s main business office across the street.
McCann said the change was made at the request of Ananich, who has advised Smith to consider whether he can continue representing his legislative district while dealing with the charges against him.
Smith, 35, is charged with felonious assault; malicious destruction of personal property worth $20,000 or more; domestic violence assault and battery; and felony firearm. He’s accused of shooting up the car of his ex-wife, Anistia Thomas, in a dispute late May 9 or early May 10 at his home.
The second-term Democratic senator is expected back in court Friday for a probable cause hearing on the charges before 36th District Court Judge Michael E. Wagner.
Ananich also has relieved Smith of his committee assignments and duties as assistant caucus whip.
Nothing else has changed regarding Smith’s status so far, McCann said.
Meekhof and other colleagues have said Smith should consider stepping down because of the seriousness of the charges. But members of the Legislative Black Caucus urged patience and noted that, by law, Smith remains innocent unless proven guilty.
The Senate has the power to remove members but there is no set timetable for doing so. Smith’s four days of absence are minor compared with past lawmakers who weren’t able to attend owing to illness.
Sen. Jackie Vaughn of Detroit, a veteran of more than 30 years as a lawmaker when he suffered a stroke in 2000, missed numerous sessions before leaving the Senate in 2002 under the state term limits law. He died in 2006.
Sen. Virgil Smith's presence in Lansing is shrinking
Detroit Free Press Lansing Bureau
May 18, 2015
https://www.freep.com/story/news/politics/2015/05/18/sen-virgil-smiths-presence-lansing-shrinking/27547883/
LANSING — His website essentially has been taken down. His phone number goes straight to voice mail. And embattled state Sen. Virgil Smith isn't expected back to Lansing this week.
The Detroit Democrat is facing three felonies and a misdemeanor in connection with a non-fatal shooting involving his ex-wife — specifically, her Mercedes —outside of his Detroit home more than a week ago.
Since he was arraigned on those charges last week, both Democratic and Republican leaders in the Senate have urged Smith to resign. Although members of the legislative Black Caucus have offered their support to Smith and said lawmakers shouldn't be in a hurry to remove the Senator from the Legislature.
"He reached out to me after he was released from jail. In the course of our conversation, I told him I thought he should consider resigning," said Senate Minority Leader Jim Ananich, D-Flint. "Sen. Smith, like every American, is entitled to due process. I would encourage him to consider doing whatever it takes to focus on the trial he faces, and to allow the people of his district to have a Senator who is wholly focused on them."
Senate Majority Leader Arlan Meekhof, R-West Olive, also has said that Smith should think about resigning his seat.
Smith has not resigned, but Ananich removed him from his committee assignments and his post as minority whip in the Senate.
His Senate website has been replaced with the message: "Senator Virgil Smith's office will continue to be open and available to assist constituents of the 4th Senate district. If you need any assistance, please call 517-373-7918 or email senvsmith@senate.michigan.gov."
But that phone number goes straight to voice-mail and Smith's office remains locked.
Sen. Smith said firing shots stupidest thing in his life
Smith is facing a probable cause hearing on Friday before 36th District Judge Michael Wagner, and a preliminary examination on May 29 on the felony charges of malicious destruction of property over $20,000, felonious assault and using a firearm during the commission of a felony, as well as a misdemeanor charge of domestic violence.
The charges stem from an incident in which Smith allegedly got into an altercation with his ex-wife, who, according to Detroit Police Department reports, discovered another woman — Smith's girlfriend — in his bed. He told police he fired a .22-caliber rifle into his ex-wife's car and called it the stupidest thing he's done in his life.
The Senate can move to hold hearings to expel Smith from the Senate, a tactic last used when the Senate voted to remove former Sen. Dave Jaye, a Macomb County Republican, from office in 2001 after a domestic violence incident involving his then fiance, three drunk driving arrests and reports of abusive behavior towards Senate staff.
No one has called for those explusion hearings — yet. Smith's attorney Godfrey Dillard did not return messages from the Free Press.
Where is State Senator Virgil Smith?
WXYZ-TV Detroit - Channel 7
May 19, 2015
https://www.youtube.com/watch?v=GwLLfT_LXcU
Virgil Smith hearing
WXYZ-TV Detroit - Channel 7
May 22, 2015
https://www.youtube.com/watch?v=fuFdrZ89jvE
State Sen. Smith appears in court on felony charges
The Detroit News
May 22, 2015
https://www.detroitnews.com/story/news/politics/2015/05/22/state-sen-smith-appears-court-felony-charges/27772407/
Detroit — As cameras clicked away, state Sen. Virgil Smith Jr. stood silently at a probable cause hearing Friday morning in Wayne County Circuit Court.
Smith, 35, has been charged with felonious assault, malicious destruction of personal property $20,000 or more, domestic violence assault and battery, and felony firearm after he allegedly shot up his ex-wife’s Mercedes Benz after an argument outside his Detroit house.
The 35-year-old Democrat, who represents Detroit in Lansing, was reportedly naked at the time. He was arraigned last week.
Smith remained mute Friday as his charges were read in Judge Michael E. Wagner’s courtroom.
After the brief hearing was adjourned, Smith wordlessly left the courthouse tracked by a scrum of reporters and cameramen.
A woman who declined to identify herself collected business cards from the media mob as Smith left with attorney Godfrey Dillard.
Smith has kept a low profile since the alleged incident that has had a profound impact on his presence in Lansing.
State Democratic Leader Jim Ananich, who has stripped Smith of his committee assignments and duties as assistant caucus whip, has said Smith should reassess his political future.
Smith’s legislative website has been taken down except for a message that reads “Senator Virgil Smith’s office will continue to be open and available to assist constituents of the 4th Senate district. If you need any assistance, please call 517-373-7918 or email senvsmith@senate.michigan.gov.”
Smith’s office also remains locked.
Smith’s preliminary examination is set for 9 a.m. June 12.
Virgil Smith returns to court today on shooting charges
Detroit Free Press
May 22, 2015
https://www.freep.com/story/news/local/michigan/detroit/2015/05/22/virgil-smith-probable-cause/27702395/
Smith's ex-wife told police he struck her in face several times, then chased after her with a rifle.
UPDATES:
EARLIER:
State Sen. Virgil Smith Jr. is set to return to court today on allegations that he fired shots as his ex-wife ran from his Detroit home earlier this month, leaving multiple bullet holes in her Mercedes-Benz SUV.
Smith, 35, faces three felonies and a misdemeanor in connection with the May 10 incident after his ex-wife Anistia Thomas told police he invited her to the house and answered the door naked, with another woman inside, and an argument ensued, according to a police report from Detroit Police Department.
"At some point during the argument, (Smith) grabbed her by the back of the head and shoved her face-first into the carpet. (His ex-wife) stood up and was struck by (Smith) four to five times in the face," according her account in the police report.
The blows caused her face to swell, and she ran out the front door as he followed with a long gun, firing multiple times as she rant to an alley and then a neighbor's house for help, she reportedly told police. During Smith's arraignment, his attorney Godfrey Dillard told the judge that Thomas was the aggressor in the situation.
With charges including felonious assault, domestic violence, malicious destruction of personal property of $20,000 or more and possessing a firearm during the commission of a felony, the case is set for a probable cause hearing Friday in 36th District Court, followed by a May 29 preliminary examination.
Investigators in the case concluded the 2015 Mercedes-Benz GLA 250 had bullet holes in the hood, a headlight, driver's-side front fender, driver's door, windshield, rear pillar and front passenger head rest. Police later recovered an MAS 49/56 semi-automatic rifle with a full 30-round magazine, a 30-round magazine with 28 rounds, a full 15-round magazine and an empty 10-round magazine, along with a cleaning kit for a .22 caliber firearm, according to police reports.
Smith told investigators the incident was the stupidest thing he'd ever done in his life but declined to answer specific questions about the shooting, according to police reports.
Smith, a Detroit Democrat, represents Senate District 4, which includes portions of Detroit, Allen Park, Lincoln Park and Southgate. Leaders from his own party as well as Republicans have urged him to resign, and he's been removed from his committee assignments and post as minority whip.
Recently, his website was replaced with the message: "Sen. Virgil Smith's office will continue to be open and available to assist constituents of the 4th Senate District. If you need any assistance, please call 517-373-7918 or e-mail senvsmith@senate.michigan.gov."
State Sen. Virgil Smith dodges media at courthouse
Detroit Free Press
May 22, 2015
https://www.freep.com/story/news/local/michigan/detroit/2015/05/22/virgil-smith-court/27770867/
Embattled State Sen. Virgil Smith appeared in court briefly today then left the Detroit courthouse, refusing to answer questions from reporters.
The Detroit Democrat is facing three felonies and a misdemeanor in connection with shooting outside his home on May 10. He is accused of physically assaulting his ex-wife and shooting at her 2015 Mercedes-Benz multiple times with a rifle.
He had a probable cause hearing before 36th District Judge Michael Wagner this morning and showed up to court wearing a suit and tie with his lawyer, Godfrey Dillard.
During the hearing, which lasted less than three minutes, a preliminary examination was scheduled for June 12.
Smith, 35, faces charges of felonious assault, domestic violence, malicious destruction of personal property $20,000 or more and possessing a firearm during the commission of a felony.
Before the shooting, Smith's ex-wife came to his home on Wexford and found another woman there, officials said.
Two different versions of what happened have emerged.
Smith told investigators the shots were fired after his ex allegedly pushed her way into the house and attempted to attack the woman who was in Smith's bed, according to police.
His ex-wife Anistia Thomas, told police Smith invited her to the house and the two got into an argument. She said was struck by Smith four to five times in the face causing swelling, according to her account in a police report obtained by the Free Press.
Dillard has said Thomas was the aggressor and said during an earlier court hearing that the case is going to come down to "the complainant's word versus the defendant's word."
A not guilty plea was entered in the case earlier this month and Smith remains free on bond.
He is not expected back in Lansing this week. Smith declined to answer a question about his job when he left court today.
Both Democratic and Republican leaders in the Senate have urged Smith to resign since charges were issued. Members of the legislative Black Caucus have offered their support to Smith and said lawmakers shouldn't be in a hurry to remove the senator from the Legislature.
Sen. Smith silent at attack hearing
Detroit News
May 23, 2015
https://infoweb.newsbank.com/
Detroit – As cameras clicked away, state Sen. Virgil Smith Jr. stood silently at a probable cause hearing Friday morning in Wayne County Circuit Court.
Smith, 35, has been charged with felonious assault, malicious destruction of personal property $20,000 or more, domestic violence assault and battery, and felony firearm after he allegedly shot up his ex-wife's Mercedes Benz after an argument outside his Detroit house.
The 35-year-old Democrat, who represents Detroit in Lansing, was reportedly naked at the time. He was arraigned last week.
Smith remained mute Friday as his charges were read in Judge Michael E. Wagner's courtroom.
After the brief hearing was adjourned, Smith wordlessly left the courthouse tracked by a scrum of reporters and cameramen.
A woman who declined to identify herself collected business cards from the media mob as Smith left with attorney Godfrey Dillard.
Smith has kept a low profile since the alleged incident that has had a profound impact on his presence in Lansing.
State Democratic Leader Jim Ananich, who has stripped Smith of his committee assignments and duties as assistant caucus whip, has said Smith should reassess his political future.
Smith's legislative website has been taken down except for a message that reads "Senator Virgil Smith's office will continue to be open and available to assist constituents of the 4th Senate district. If you need any assistance, please call 517-373-7918 or email senvsmith@senate.michigan.gov."
Smith's office also remains locked.
Smith's preliminary examination is set for 9 a.m. June 12.
Sen. Virgil Smith returns to Senate
The Detroit News
May 26, 2015
https://www.detroitnews.com/story/news/politics/2015/05/26/virgil-smith/27959243/
Lansing — Detroit Democratic Sen. Virgil Smith returned to work for Tuesday’s Senate session but refused to talk about criminal charges related to an alleged shooting of his ex-wife’s car more than two weeks ago.
The 35-year-old lawmaker took his seat in the Senate without speaking to the press after having missed the past six legislative sessions following the incident at his house late May 9 or early May 10.
Smith spoke with colleagues and voted on bills but didn’t respond to questions fired at him by reporters who trailed him as he left the Capitol and headed down the front walk during a noon recess.
Senate Democratic Leader Jim Ananich, who has stripped Smith of his committee assignments and duties as assistant caucus whip, has urged the lawmaker to reassess his political future.
Smith also did not speak to the media following a preliminary court appearance on Friday.
He has been charged with felonious assault, malicious destruction of personal property $20,000 or more, domestic violence assault and battery, and felony firearm after he allegedly shot up former wife Anistia Thomas’ Mercedes Benz after an argument outside his Detroit house.
Smith was naked at the time, and another woman was in the house, according to the police report.
Members of the Legislative Black Caucus have urged patience and noted that, by law, Smith remains innocent unless proven guilty.
Smith’s appearance coincided with a scheduled Tuesday afternoon hearing on Detroit Mayor Mike Duggan’s proposal that would allow auto insurance companies to sell Detroiters lower-cost policies with a maximum of $275,000 in medical coverage for auto-related injuries. Smith is the plan’s legislative sponsor.
Smith’s legislative website has been taken down except for a message that reads “Senator Virgil Smith's office will continue to be open and available to assist constituents of the 4th Senate district. If you need any assistance, please call 517-373-7918 or email senvsmith@senate.michigan.gov.”
Amber McCann, spokeswoman for Majority Leader Arlan Meekhof, R-West Olive, said members of Smith’s state-paid office staff were moved to the Senate’s main business office across the street.
Facing felonies, Sen. Virgil Smith returns to work
Detroit Free Press
May 26, 2015
https://www.freep.com/story/news/politics/2015/05/26/sen-virgil-smith-returns-work-charged-three-felonies/27957077/
LANSING – Embattled state Sen. Virgil Smith returned to work Tuesday, more than two weeks after being charged with three felonies in connection with a shooting incident at his home.
The Detroit Democrat, who declined to answer questions from the media as he left the Senate chamber Tuesday, is facing the felonies and a misdemeanor in connection with a non-fatal shooting involving his ex-wife outside his Detroit home on May 10.
He has been absent from the state Senate since the incident. He could be at the Capitol to lend support to Detroit Mayor Mike Duggan, who is slated to give a presentation Tuesday on his D-insurance plan for more affordable auto insurance for city residents. Smith is the only Detroit Democrat in the Legislature who endorses the plan.
Since he was arraigned, both Democratic and Republican leaders in the Senate have urged Smith to resign, but some members of the legislative Black Caucus have offered their support and said lawmakers shouldn't be in a hurry to remove him from the Legislature.
Though Smith has not resigned, Senate Minority Leader Jim Ananich, D-Flint, removed him from his committee assignments and his post as minority whip.
His Senate website has been replaced with the message: "Senator Virgil Smith's office will continue to be open and available to assist constituents of the 4th Senate District. If you need any assistance, please call 517-373-7918 or e-mail." But that phone number goes straight to voice mail, and Smith's office remains locked. His staff has been reassigned to other offices.
Smith is facing a preliminary examination on June 12 before 36th District Court Judge Michael Wagner on the felony charges of malicious destruction of property over $20,000, felonious assault and using a firearm during the commission of a felony, as well as a misdemeanor charge of domestic violence.
The charges stem from an incident in which Smith allegedly got into an altercation with his ex-wife, who, according to Detroit police reports, discovered another woman — Smith's girlfriend — in his bed. He told police he fired a .22-caliber rifle into his ex-wife's car.
He called it the stupidest thing he has done in his life.
OPINION: Saturday Shorts: Sen. Smith needs a break
Detroit News
May 29, 2015
https://www.detroitnews.com/story/opinion/editorials/2015/05/29/shorts-sen-smith-pay-hikes/28156127/
Farmington's City Council has directed its Charter Review Committee to study whether to place a pay hike proposal for council members on the November election ballot.
The action was suggested by outgoing City Manager Vincent Pastue, who is leaving to take a job elsewhere. In a memo to council, Pastue said it's been 16 years since the last council raise. He said a review of compensation based on the Michigan Municipal League's 2014 salary wage study shows Farmington council members receive less than their counterparts in similar-sized cities. His memo suggested boosting the annual salary to $3,000 from $1,800.
City Clerk Sue Halberstadt, a member of the committee, notes the council and mayor's salaries are the same. She says the committee must come up with a proposal by Aug. 11 to get any proposal on the November ballot.
Whether the committee accepts Pastue's recommendation or comes up with an alternative figure, it does seem time to review council compensation.
"It's up to the voters, whether they feel council merits an increase," Halberstadt said, "I think that's the best process."
Sen. Smith should take a break
State Sen. Virgil Smith, D-Detroit, faces some very serious criminal charges for allegedly shooting up his ex-wife's car. They include felonious assault, malicious destruction of personal property $20,000 or more, domestic violence assault and battery, and felony firearm.
The senator deserves his day in court, but his constituents and the residents of Michigan need a legislator who can concentrate on the state's problems. With the distraction caused by these personal difficulties, it seems unlikely that Smith's full attention can be on his job.
Smith missed six straight legislative sessions since the incident before returning to Lansing this week. He also has been stripped of his committee assignments and duties as assistant caucus whip, so his legislative influence has been greatly reduced.
In view of all this, he should at least take a leave of absence so he can straighten out his personal life.
Michigan residents want better roads plan
Business Leaders for Michigan has released the results of a statewide roads and bridges survey that should come as no surprise to the public nor particularly our state leaders.
According to the poll, voters want a much simpler proposal than the one defeated May 5, and they want action soon.
Results showed that more than 87 percent of state voters want the road problem dealt with in the next year. About 58 percent support a 1-percent sales tax increase, with all additional money dedicated to roads, although this plan would still require a ballot proposal. However, 53 percent of state voters would support converting the flat gas tax to a wholesale gas tax, which would not require a ballot proposal.
The organization also says the governor and Legislature should enact a long-term solution that ensures adequate funding for quality roads and bridges as well as builder warranties.
Legislators need to take note of this survey and act accordingly.
State Senator Virgil Smith back in court today
WXYZ-TV Detroit - Channel 7
June 12, 2015
https://www.youtube.com/watch?v=at7z-3-Faos
Hearing for State Senator Virgil Smith
WXYZ-TV Detroit - Channel 7
June 12, 2015
https://www.youtube.com/watch?v=CMUqk2xH-MA
Virgil Smith's ex-wife speaks out
WXYZ-TV Detroit - Channel 7
June 12, 2015
https://www.youtube.com/watch?v=lL2EZfioIy4
Virgil Smith's ex-wife speaks out on domestic violence
Detroit Free Press
June 12, 2015
https://www.freep.com/story/news/local/michigan/detroit/2015/06/12/virgil-smith-ex-wife-press-conference/71117564/
The ex-wife of embattled State Sen. Virgil Smith spoke out today and said domestic violence "is a community's problem."
Smith, 35, is accused of assaulting Anistia Thomas, to whom he was married briefly in 2009, and shooting at her 2015 Mercedes-Benz with a rifle on May 10. No one was shot during the incident and a plea of not guilty has been entered in the case.
Thomas, 35, said she is a "survivor of domestic violence" as she gave a statement at the Hilton Garden Inn in downtown Detroit. She did not answer questions about what happened last month, but brought up Smith's name.
"The violence that Virgil Smith committed against me is more significant than the potential loss of one's Senate seat," she said.
Thomas, the owner of an insurance agency in Ann Arbor, said she is asking city, county and state leaders to look into supporting domestic violence organizations and provide community educational services for domestic violence victims.
"This is not a political campaign," Thomas said. "This is about saving lives."
She said she requested a personal protection order (PPO) against Smith, which was authorized on May 12, according to the court document obtained by the Free Press. In it, Thomas alleged Smith "threw me over a railing outside, shot at me, shot at my vehicle" last month.
She also alleged two other incidents occurred involving Smith: one in 2007, the other in 2008— both before they got married.
She wrote in the document seeking a PPO that Smith accused her of stealing his iPod in August 2008, pulled a gun on her and her mom and "threatened to shoot up my parents' house."
The previous year, she alleged Smith went to her home, she let him in, and he ran after her with "arms out to grab the back of my neck." Thomas said she ran to her father's apartment, her father shot his gun in the air and Smith left.
She wrote that Smith was intoxicated during the incidents in 2007 and 2008 and said police weren't called in either instance.
Smith's attorney, Godfrey Dillard, could not be reached by the Free Press to comment on the allegations Friday.
A spokeswoman with the Wayne County Prosecutor's Office declined to comment on the PPO and said the facts of the 2015 case will come out in court.
Smith, a Detroit Democrat, faces charges of felonious assault, malicious destruction of personal property of $20,000 or more, possessing a firearm during the commission of a felony and domestic violence.
He appeared before 36th District Judge Michael Wagner this morning for preliminary examination, which was adjourned to June 25 at the request of Smith's attorney.
Smith's father, Wayne County Circuit Judge Virgil C. Smith, who presides over the juvenile division, was also in the courtroom.
Dillard told the court he'd like to have information dealing with "medical issues" before deciding how to proceed.
Prosecutors said the defense wants to obtain a medical evaluation in the case.
Before the early morning shooting last month, Thomas went to Smith's home on Wexford in Detroit and discovered another woman there, officials have said.
Smith told investigators the shots were fired after Thomas pushed her way into the house and attempted to attack the woman who was in Smith's bed, according to police.
Thomas said Smith invited her to the house, the two got into an argument and she was struck by Smith four to five times in the face causing swelling, according to her account in a police report.
Smith, who was released from jail after posting bond, returned to work in Lansing, but has declined to answer questions from reporters.
Dillard has said the case is going to come down to "the complainant's word versus the defendant's word."
Ex-wife of state Sen. Virgil Smith Jr. says he was abusive; his hearing delayed
DetroitNews
June 12, 2015
https://www.detroitnews.com/story/news/local/detroit-city/2015/06/12/virgil-smith/71114472/
Detroit — The ex-wife of state Sen. Virgil Smith Jr., who is accused of shooting at her in a late-night tirade outside his home, says she is a "survivor of domestic violence."
She made her comments at a brief news conference Friday after Smith's preliminary examination on assault and domestic violence charges was delayed so he can undergo a medical evaluation.
Anistia Thomas, who was married to Smith for six months in 2009, also said her former husband was more concerned about his political career than his marriage.
It's the first time she has spoken about the incident last month outside Smith's house where she said the naked senator fired shots at her, striking her vehicle multiple times.
"I was assaulted by my ex-husband and former partner, Virgil Smith, on May 10, 2015," Thomas, an Ann Arbor businesswoman, said at the Hilton Garden hotel downtown across from the courthouse where Smith had his brief hearing.
"The reason I am alive is to be able to share my story hoping that it impacts another victim's life."
Thomas, in her 30s, would not go into details about her allegations she was an abused spouse, but she did say she is speaking out as part of "saving lives" for others who don't and can't speak out.
She said she filed for a Personal Protection Order last month, but she did not provide reporters with a copy.
Staffers in the Wayne County Clerk's office said the file was in possession of a judge, who was not available Friday.
Thomas said she is aware of attempts to discredit her but she is moving forward with her efforts to tell her story.
"I am continuing in the act of my integrity," she said.
Thomas said the violence she claims was committed against her by Smith "is more important than a Senate seat."
Smith, according to Thomas, allegedly told her their relationship "was not as important as his political career."
After the May incident, Smith, D-Detroit, missed six Senate sessions before returning to work in the Legislature. He has been stripped of his committee assignments and duties as assistant caucus whip.
In divorce papers filed in Wayne County Circuit Court, Thomas alleges she had "refused to proceed with the marriage unless Virgil Smith agreed to her demands that he participate in marriage counseling, sort out their lives in order to combine them as one, including selection and agreement on a combined location for the life together and to work out matters of communication with spiritual guidance."
Smith, according to Thomas, filed for an annulment or a divorce "rather than perform upon his promises and assurances."
The couple "has never cohabited as husband and wife in any way," according to the divorce papers filed in July 2009. Thomas said after her news conference Friday she is Smith's "one and only wife."
Smith's father, chief Wayne County Judge Virgil Smith, looked on in the courtroom where 36th District Court Judge Michael Wagner presided over the brief hearing Friday before it was adjourned at the request of Smith's attorney to give him time to deal with "medical issues" in the case.
Godfrey Dillard, Smith's attorney, did not elaborate in court what the "medical issues" are that Smith must deal with.
Thomas did not address details about the May incident at Smith's house. She also would not address questions about whether the abuse took place more than once.
Thomas said domestic violence "is not solely a woman's problem but a community's problem as well."
"This is not a political campaign, it is about saving lives," she said.
Efforts to reach Smith's attorney were not successful.
Last month, the 35-year-old Smith was charged with felonious assault, malicious destruction of personal property $20,000 or larger, domestic violence assault and battery as well as felony firearm in the incident where he is accused of shooting up his ex-wife's Mercedes-Benz after an alleged argument at the Democrat's home on the city's east side.
His next court hearing is scheduled for June 25.
Ex-wife: Sen. Smith, violent, abusive
Anistia Thomas says he cared more about career than marriage
Detroit News
June 13, 2015
https://infoweb.newsbank.com/
Domestic violence "is not solely a woman's problem but a community's problem as well. ... This is not a political campaign, it is about saving lives."
Anistia Thomas, the ex-wife of state Sen. Virgil Smith Jr.
Detroit – The ex-wife of state Sen. Virgil Smith Jr., who is accused of shooting at her in a late-night tirade outside his home, says she is a "survivor of domestic violence."
She made her comments at a brief news conference Friday after Smith's preliminary examination on assault and domestic violence charges was delayed so he can undergo a medical evaluation.
Anistia Thomas, who was married to Smith for six months in 2009, also said her former husband was more concerned about his political career than his marriage.
It's the first time she has spoken about the incident last month outside Smith's house where she said the naked senator fired shots at her, striking her vehicle multiple times.
"I was assaulted by my ex-husband and former partner, Virgil Smith, on May 10, 2015," Thomas, an Ann Arbor businesswoman, said at the Hilton Garden hotel downtown across from the courthouse where Smith had his brief hearing.
"The reason I am alive is to be able to share my story hoping that it impacts another victim's life."
Thomas, in her 30s, would not go into details about her allegations she was an abused spouse, but she did say she is speaking out as part of "saving lives" for others who don't and can't speak out.
She said she filed for a Personal Protection Order last month, but she did not provide reporters with a copy.
Staffers in the Wayne County Clerk's office said the file was in possession of a judge, who was not available Friday.
Thomas said she is aware of attempts to discredit her but she is moving forward with her efforts to tell her story.
"I am continuing in the act of my integrity," she said.
Thomas said the violence she claims was committed against her by Smith "is more important than a Senate seat."
Smith, according to Thomas, allegedly told her their relationship "was not as important as his political career."
After the May incident, Smith, D-Detroit, missed six Senate sessions before returning to work in the Legislature. He has been stripped of his committee assignments and duties as assistant caucus whip.
In divorce papers filed in Wayne County Circuit Court, Thomas alleges she had "refused to proceed with the marriage unless Virgil Smith agreed to her demands that he participate in marriage counseling, sort out their lives in order to combine them as one, including selection and agreement on a combined location for the life together and to work out matters of communication with spiritual guidance."
Smith, according to Thomas, filed for an annulment or a divorce "rather than perform upon his promises and assurances."
The couple "has never cohabited as husband and wife in any way," according to the divorce papers filed in July 2009. Thomas said after her news conference Friday she is Smith's "one and only wife."
Smith's father, chief Wayne County Judge Virgil Smith, looked on in the courtroom where 36th District Court Judge Michael Wagner presided over the brief hearing Friday before it was adjourned at the request of Smith's attorney to give him time to deal with "medical issues" in the case.
Godfrey Dillard, Smith's attorney, did not elaborate in court what the "medical issues" are that Smith must deal with.
Thomas did not address details about the May incident at Smith's house. She also would not address questions about whether the abuse took place more than once.
Thomas said domestic violence "is not solely a woman's problem but a community's problem as well."
"This is not a political campaign, it is about saving lives," she said.
Efforts to reach Smith's attorney were not successful.
Last month, the 35-year-old Smith was charged with felonious assault, malicious destruction of personal property $20,000 or larger, domestic violence assault and battery as well as felony firearm in the incident where he is accused of shooting up his ex-wife's Mercedes-Benz after an alleged argument at the Democrat's home on the city's east side.
His next court hearing is scheduled for June 25.
Senator Virgil Smith - Criminal court case hearing
FOX 2 News
June 25, 2015
https://www.youtube.com/watch?v=TSUb5CpfOe0
The state senator facing charges in connection to a fight with his ex-wife will be in court Thursday morning.
Virgil Smith Preliminary Hearing Day 1 Part 1 06/25/15
CourtChatter Live
June 25, 2015
https://www.youtube.com/watch?v=tbvgbl4hXHU
Virgil Smith Preliminary Hearing Day 1 Part 2 06/25/15
CourtChatter Live
June 25, 2015
https://www.youtube.com/watch?v=snaKL43t0sY
Virgil Smith Preliminary Hearing Day 1 Part 3 06/25/15
CourtChatter Live
June 25, 2015
https://www.youtube.com/watch?v=KA8giCBadjE
Virgil Smith Preliminary Hearing Day 1 Part 4 06/25/15
CourtChatter Live
June 25, 2015
https://www.youtube.com/watch?v=ZA4pYGizBcw
Senator Virgil Smith due in court
WJBK | FOX 2 News Detroit
Jun 25, 2015
https://www.youtube.com/watch?time_continue=3990&v=TSUb5CpfOe0&feature=emb_logo
State Senator Virgil Smith bound over for trial
WXYZ-TV Detroit - Channel 7
June 25, 2015
https://www.youtube.com/watch?v=7tJ5VOKv_ms
State Senator Virgil Smith to stand trial
WXYZ-TV Detroit - Channel 7
June 25, 2015
https://www.youtube.com/watch?v=ShhBMhIeAi0
Two women in Sen. Virgil Smith Jr. love triangle testify about shooting incident
MLive
Jun 25, 2015
https://www.mlive.com/news/detroit/2015/06/two_women_in_sen_virgil_smith.html
DETROIT, MI -- A love triangle with state Sen. Virgil Smith Jr., D-Detroit, in the middle resulted in criminal charges that could land the politician behind bars.
The case against Smith moved closer to a trial Thursday when Wayne County District Judge Michael Wagner found there was probable cause to believe Smith committed a crime.
Smith's ex-wife, Anistia Thomas, came to Smith's Detroit home about 1 a.m. May 10 planning to spend the night, but instead found another woman, Tatiana Grant, naked in her ex-husband's bed.
A physical altercation ensued. Smith is accused of assaulting his ex-wife and firing an AR-15 rifle at her 2015 Mercedes.
Both women took the stand Thursday, and both women gave different versions of what happened.
Though Thomas and Smith are divorced, Thomas said they reignited an intimate relationship and it was "routine" for her to spend the night at Smith's home.
She said it was a surprise when she got into Smith's bedroom and found a naked woman beneath his sheets.
It was revealed in court Thomas sent a message to Smith stating, "Why are you (expletive) up," before she arrived.
Thomas said she was asleep and awoke to hear Smith talking to someone through the window. Smith closed the window, put on clothes, and walked to the side door when Grant says the window flew open a second time.
Thomas said Smith told her another woman was over as she walked past him toward the bedroom. Grant said it sounded like Smith's ex-wife ran down the hall to the bedroom; "then the bedroom door burst open."
Grant said the ex-wife grabbed the sheets, yelling, "he doesn't care about you, he doesn't love you," as Smith grabbed his ex-wife from behind.
Grant said she had "no doubt" Thomas was trying to attack her and claims she never saw Smith punch or assault his ex-wife. He was "pulling her back" and, after they fell over a TV, carried her from the room.
Moments later, she saw flashes outside the window, "like lightning."
The ex-wife paints Smith has much more violent and aggressive. Thomas said she went to the bedroom and asked Grant if she was sleeping with Smith, to which Grant replied, no. Thomas said it was then she pulled off the sheets.
"From there, he pulled on me, we wrestled, he punches me in the face a few times," Thomas said. "After falling into the TV, he rammed my head into the floor."
Thomas said Smith put his right arm into the back of her neck and she "basically stopped breathing."
"He kept punching me throughout my body at that point ... " Thomas said. "He literally rammed my head into the wall by the doorway ... I fall down."
She says Smith forced her to her feet, pushed her out the side door into a railing, causing her to fall and hit her face on the concrete.
"He comes out from the side door ... I see him holding a big gun," Thomas said.
She said the gun was an AR-15 rifle Smith kept under his bed and previously told her could take off a person's limb.
"He starts shooting it in the air ... " Thomas said. "He turns it toward me and starts shooting at me."
Thomas's car was struck by multiple bullets.
She ran to the home of a neighbor, also a friend of Smith, and called 911, but the neighbor took the phone from her after hearing she was using Smith's name. He kicked her out of his house and locked the door behind, Thomas said.
The neighbor testified that Thomas had "a busted lip."
Thomas says she then ran to another house where she found help.
Smith is charged with felonious assault, malicious destruction of personal property, misdemeanor domestic violence and use of a firearm in the commission of a felony.
Although Smith remains a member of the state Legislature, he was stripped of his leadership roles and committee assignments after the shooting incident.
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.
Smith has received prior 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 was charged with operating a vehicle while being intoxicated in 2010, but the case was dropped for lack of evidence to prosecute.
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Smith is scheduled for a July 9 Wayne County Circuit Court arraignment.
Sen. Virgil Smith Jr.'s ex-wife says she was punched, shot at by the politician
MLive
Jun 25, 2015
https://www.mlive.com/news/detroit/2015/06/sen_virgil_smith_jrs_ex-wife_s.html
DETROIT, MI -- Anistia Thomas, the ex-wife of state Sen. Virgil Smith Jr., D-Detroit, said the politician slammed her head into the floor and a wall, punched her and shot at her the night she caught him in bed with another woman.
Thomas took the stand in Smith's preliminary examination Thursday.
Smith is charged with felonious assault, malicious destruction of personal property, domestic violence and use of a firearm in the commission of a felony after being accused of beating and firing a rifle at Thomas early May 10.
Thomas said although Smith is her ex-husband, they'd reignited an intimate relationship and she drove to his home early in the morning of May 10 with the intent of spending the night.
She wrote a text to Smith that said, "you are (expletive) up," before heading to Smith's home.
After parking in the street, she went to an open side window and said, "Kai," Smiths middle name.
Smith opened the side door and said "Tatiana is here," referencing the woman in his bed, identified in court as Tatiana Grant.
Thomas said she walked to the bedroom, stripped the sheets off the naked woman and asked her if she was sleeping with Smith.
Thomas denies forcing her way into Smith's home or attacking Grant.
At this time, Thomas claimed, she was attacked by Smith.
"From there, he pulled on me, we wrestled, he punches me in the face a few times," Thomas said. "After falling into the TV, he rammed my head into the floor."
Thomas said Smith put his right arm into the back of her neck and she "basically stopped breathing."
"He kept punching me throughout my body at that point ... " Thomas said. "He literally rammed my head into the wall by the doorway ... I fall down."
Tatiana Grant, the woman in Smith's bed, also testified. She said Smith never punched Thomas and never slammed her head into the floor or wall. She saw him pulling her from behind and carrying her in an attempt to remove her from the bedroom.
"No," Grant said when asked if she ever saw Smith assault Thomas.
She said Smith forced her to her feet and pushed her out the side door into a railing, causing her to fall and hit her face on the concrete.
"He comes out from the side door ... I see him holding a big gun," Thomas said.
She said the gun was an AR-15 rifle Smith kept under his bed and previously told her could take off a person's limb.
"He starts shooting it in the air ... " Thomas said. "He turns it toward me and starts shooting at me."
Thomas ran to the home of a neighbor, also a friend of Smith. She called 911, but the neighbor took the phone from her after hearing she was using Smith's name and kicked her out of the house, locking the door behind.
Thomas said she then ran to another house where she found help.
Although Smith remains a member of the state Legislature, he was stripped of his leadership roles and committee assignments after the shooting incident.
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.
Smith has received prior 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 was charged with operating a vehicle while being intoxicated in 2010, but the case was dropped for lack of evidence to prosecute.
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Sen. Virgil Smith will stand trial for shooting at ex-wife
The Detroit News
June 25, 2015
https://www.detroitnews.com/story/news/politics/2015/06/25/virgil-smith/29264031/
Detroit — A judge ruled Thursday that state Sen. Virgil Smith will stand trial for allegedly beating his ex-wife and shooting at her with an assault rifle, and riddling her car with bullets, after she showed up at his house and found a naked woman in his bed.
36th District Court Judge Michael Wagner rejected the argument by Smith's attorney Godfrey Dillard, who invoked the Castle Doctrine and insisted his client had a right to protect himself against potential harm inside his home.
"So are you suggesting if someone has an argument with someone at their home, that a person can grab a gun and start shooting?" Wagner said before binding the case over for trial.
Wagner also pointed out that Smith let the ex-wife into his house. "Those are not the actions of someone who feels he's in danger," he said."
Five witnesses testified in the hearing, that was marked by numerous objections, and admonishments from the judge to onlookers in the courtroom who made comments,
Smith's ex-wife, Anistia Thomas, who said she continued an intimate relationship with Smith after their brief marriage ended, described the alleged encounter..
"I went to his bedroom window, because I noticed that it was open. I knocked on the window, and I say 'Kai' (Smith's middle name)," Thomas said. "Then he comes to the window … he meets me at the side door. He opens the door; he lets me in.
"He said 'Tatiana's here,' " Smith said, referring to Smith's girlfriend, Tatiana Grant. "I walked into the bedroom; I see Tatiana in the bed. I went up to the bed, I ask her if they are sleeping together. She sat up and she said, 'no.'
"I snatched the sheet off of her. (I saw) that she was naked. At that point, Kai grabbed me … we get into an altercation.
"He pulls on me … we wrestle … he punches me in the face a few times. After falling into the TV, he rams my head into the floor. After that, he puts his right arm into the back of my neck. It basically stopped my breathing at that point. He said he'd let me up if I leave.
"He kept punching me throughout my body. I stumble up trying to leave … he literally rams my head into the wall. My face hit the wall. I fall down. Then he takes my arms again … he continues to force me, and beats me down the hallway.
"He opens the screen door and pushes me out. I fall over the railing and then my face hit the concrete. I go to the front of the house. I pick up a wicker chair and throw it.
"He comes out from the side door. I see him holding a big gun in the air."
Thomas said the gun was an AR-15, which he kept under his bed.
"He starts shooting in the air. He turns it toward me and starts shooting at me," Thomas said.
Smith, 35, has been charged with felonious assault, malicious destruction of personal property $20,000 or more, domestic violence assault and battery, and felony firearm after he allegedly shot up his ex-wife's Mercedes-Benz after an argument outside his Detroit house.
Thomas said she ran to the nearby house of Smith's friend, Carlos Cade. She said Cade let her in to clean up, and use his girlfriend's cell phone to dial 911.
But when Cade heard Thomas mention Smith's name to the 911 operator, he testified, he snatched the phone from her, hung it up, and kicked her out of the house. Thomas corroborated that during her testimony.
Assistant Prosecutor Lisa Lindsey asked Cade whether Thomas was trying to call police, to which Dillard said, ""Objection. 911 is not the police."
Judge Michael Wagner quipped: "Who is it?" eliciting chuckles throughout the courtroom.
Lindsey asked Cade: "Sir, in your common sense, when you call 911, are you calling the Domino's pizza delivery?"
Grant, who was in Smith's bed when Thomas entered the bedroom, testified she was afraid Thomas would attack her.
"I have no doubt in my mind, she would've tried to fight me," Grant said, but she said Smith held Grant back.
"He was trying to restrain her; keep her from me," she said. "She was trying to get to me, and the two of them fell."
"She was yelling things like 'He doesn't care about you. He doesn't love you,'" Grant said.
Grant said Smith carried Thomas from the room, then returned a moment later and retrieved his gun. Grant said she didn't see him grab the gun, but heard it hit against the bed frame.
Grant said she heard four gunshots. "All I could see through the window blinds was like lightning," she said.
Michael White, who lives across the street from Smith, also testified.
"I was on the couch asleep," White said. "I woke up; it sounded like somebody running. Heard shots – boom! boom! boom! boom! boom! – then I hit the floor."
Smith, a Democrat who represents Detroit in Lansing, was reportedly naked during the first part of the alleged May 9 offense, although White said he saw him wearing a dark T-shirt and sweat pants.
If convicted, Smith faces up to four years in prison on the felonious assault charges and 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.
A conviction wouldn't necessarily lead to removal from office, although there is a state law that gives lawmakers an option to remove a colleague who breaches the public's trust.
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.
Others have called for Smith to resign, and although he has missed some legislative sessions, he still holds his seat.
Smith's father, formerly Wayne Circuit chief judge and currently head of the court's Juvenile Division, was in the courtroom Thursday. The judge told a woman sitting next to him to be quiet, snapping at her, "I don't need your help!"
Sen. Smith is scheduled to appear in Wayne Circuit Court July 9 for an arraignment.
Sen. Virgil Smith bound over for trial on 3 felony counts
Detroit Free Press
June 25, 2015
https://www.freep.com/story/news/local/michigan/detroit/2015/06/25/state-sen-virgil-smith-prelim-exam/29264995/
The two women at State Sen. Virgil Smith's Detroit home the night his ex-wife was allegedly assaulted — and her 2015 Mercedes-Benz destroyed by gunfire — spoke for the first time publicly about what happened last month.
And they recalled the events of May 10 differently in a Detroit courtroom today.
Anistia Thomas, Smith's ex-wife, took the stand first and described seeing a woman in bed when she showed up at his house on Wexford where she had planned to stay the night.
"I ask her if they are sleeping together," Thomas testified. "She sat up and she said 'no.'"
At that point, Thomas, who was married to Smith briefly in 2009 and said she had resumed an intimate relationship with her ex, took the sheet off of the woman, Tatiana Grant, saw her naked and Smith grabbed Thomas, she testified.
He pulled on her, they wrestled, he punched her in the face "a few times," they fell into the TV, he "rammed" her head into the floor, then put the back of his right arm into the back of her neck, which "basically stopped my breathing," she said.
Smith, 35, said he'd let her up if she left, Thomas testified. Her head was rammed into the wall of the hallway, she said. Then he opened the screen door and pushed her out, Thomas testified, saying her face hit the concrete.
Thomas said she picked up a wicker chair and threw it in the air and it hit the porch while Smith was inside the home, and he came out "holding a big gun in the air." He previously described the gun to her as an AR-15, she said.
"He starts shooting in the air," Thomas testified. "He turns it towards me and starts shooting at me."
She said she ran, was not struck by the gunfire and eventually ended up at the home of Smith's neighbor and friend, Carlos Cade, where she used a phone to call 911.
Cade said Thomas had a smudge of what could have been blood on the side of her lip when she arrived and she was let in. He said he took the phone when Thomas mentioned Smith's name while on the phone with 911 then had Thomas leave.
Smith, a Detroit Democrat, remained quiet in court as five witnesses took the stand during his preliminary examination today. At the end of the hearing, 36th District Judge Michael Wagner ruled his case would proceed to trial.
Smith faces three felony charges: felonious assault, malicious destruction of personal property of $20,000 or more and possessing a firearm during the commission of a felony as well as a misdemeanor count of domestic violence. A plea of not guilty has been entered in the case.
Smith told investigators the shots were fired after Thomas pushed her way into the house and attempted to attack the woman who was in his bed, according to police. The Mercedes-Benz—valued at $34,586.64—was a total loss.
Thomas maintained that she did not push her way through the door, run toward the bedroom or attempt to attack the woman.
Grant explained what happened differently. She said she woke up when she heard Smith speaking to somebody through the window around 1 a.m.. Smith closed the window, told Grant not to leave the room, and he closed the bedroom door as he left.
Then Grant heard running through the hallway, the bedroom door burst open and Thomas grabbed the sheets and started yelling at her, she said.
Smith was attempting to pull Thomas away from Grant and the two fell back, she said.
Thomas screamed at Grant, "He doesn't care about you! He doesn't love you!" Grant testified.
Smith took Thomas out of the room, came back in and got a gun as Grant was gathering her things to leave.
"I hear four gunshots," Grant said, adding she saw what looked like lighting through the blinds of the window.
Under cross-examination by Smith's attorney, Godfrey Dillard, she said Smith was trying to restrain Thomas and keep her away while they were in the bedroom. Thomas attempted to grab her legs, but grabbed the sheets instead, she said.
Grant, who never called police, testified she never saw Smith assault his ex-wife, but acknowledged she did not have her contacts in and saw shadows and shapes in the dark room.
Grant said if it wasn't for Smith's actions, "I have no doubt in my mind she would have tried to fight me."
Earlier today, Michael White, Smith's neighbor, said he heard about 8-10 shots and got on the floor because they sounded close.
Later, he went outside, saw Smith walking down the street and asked if everything was OK.
Smith said "domestic violence," White testified.
"I put so many bullets in her car it won't start," Smith said, according to White's testimony.
Smith never said who was committing domestic violence, White testified under cross-examination.
Dillard, Smith's attorney, argued self-defense in the case, but Judge Wagner disagreed.
Wagner said nothing he heard showed that Smith was put in a position where he could have a reasonable and honest belief that he was at risk of great bodily harm or the risk of death.
"I've never seen a parked car be a danger or a threat to anyone," he said.
Democratic and Republican leadership in the Senate, who have said that Smith should think about resigning his seat in light of the charges, said the results of the preliminary examination hadn't changed their views.
The legislative black caucus in Lansing has said that the Senate should reserve judgment of Smith until the legal case is completed.
The Senate could call for an expulsion hearing to remove Smith from the chamber, but haven't done so yet.
Smith, whose bond was continued today, is scheduled to be arraigned in Wayne County Circuit Court July 9. His father, Wayne County Circuit Court Judge Virgil C. Smith, appeared in court today and watched the hearing.
Smith has declined to answer questions from reporters since his arrest and declined to talk to the media after his hearing today.
Sen. Virgil Smith arraigned in assault case
Detroit Free Press
July 9, 2015
https://www.freep.com/story/news/local/2015/07/09/smith-wayne-arraignment-assault/29890211/
State Sen. Virgil Smith was arraigned this morning in Wayne County Circuit Court on charges he assaulted his ex-wife outside his Detroit home in May.
Smith, 35, is accused of assaulting Anistia Thomas, to whom he was married briefly in 2009, and shooting at her 2015 Mercedes-Benz with a rifle on May 10. No one was shot during the incident.
Smith was scheduled to go before Judge Richard Skutt this morning in Wayne County Circuit Court. Judge Timothy Kenny said Skutt is on vacation, but also indicated that he was recusing himself "based on a long-standing friendship and relationship" with Judge Virgil C. Smith, who is the senator's father.
After a blind draw, the case was assigned to Judge Lawrence Talon, who handled the arraignment. A plea of not guilty was entered on Smith's behalf.
Smith's attorney, Godfrey Dillard, indicated in court that he plans to file a motion to quash. After the hearing both Dillard and Smith declined to comment.
Smith's trial is scheduled to begin Dec. 7.
Smith, a Detroit Democrat, has been charged with malicious destruction of property of $20,000 or more, felonious assault, felony firearm and the misdemeanor charge of domestic violence. A plea of not guilty has been entered in the case. He was bound over by 36th District Judge Michael Wagner on June 25 and remains free on bond.
Smith told investigators the shots were fired after Thomas pushed her way into his house on Wexford and attempted to attack the woman who was in his bed, according to police.
Thomas said Smith invited her to the house, the two got into an argument and she was struck by Smith four to five times in the face causing swelling, according to her account in a police report.
The Mercedes-Benz, valued at $34,586.64, was a total loss.
Smith -- whose father, Judge Virgil C. Smith, presides over the juvenile division of Wayne County Circuit Court -- was to be the legislative drum major for Mayor Mike Duggan's auto insurance initiative. The program, called D-Insurance, 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 same catastrophic coverage that other Michigan drivers get in their insurance plans.
Since the incident, both Democratic and Republican leaders in the Senate have urged Smith to resign. But members of the legislative Black Caucus have offered their support and said lawmakers shouldn't be in a hurry to remove him from the Legislature.
Sen. Virgil Smith arraigned in assault case
Detroit Free Press
July 9, 2015
https://www.freep.com/story/news/local/2015/07/09/smith-wayne-arraignment-assault/29890211/
State Sen. Virgil Smith was arraigned this morning in Wayne County Circuit Court on charges he assaulted his ex-wife outside his Detroit home in May.
Smith, 35, is accused of assaulting Anistia Thomas, to whom he was married briefly in 2009, and shooting at her 2015 Mercedes-Benz with a rifle on May 10. No one was shot during the incident.
Smith was scheduled to go before Judge Richard Skutt this morning in Wayne County Circuit Court. Judge Timothy Kenny said Skutt is on vacation, but also indicated that he was recusing himself "based on a long-standing friendship and relationship" with Judge Virgil C. Smith, who is the senator's father.
After a blind draw, the case was assigned to Judge Lawrence Talon, who handled the arraignment. A plea of not guilty was entered on Smith's behalf.
Smith's attorney, Godfrey Dillard, indicated in court that he plans to file a motion to quash. After the hearing both Dillard and Smith declined to comment.
Smith's trial is scheduled to begin Dec. 7.
Smith, a Detroit Democrat, has been charged with malicious destruction of property of $20,000 or more, felonious assault, felony firearm and the misdemeanor charge of domestic violence. A plea of not guilty has been entered in the case. He was bound over by 36th District Judge Michael Wagner on June 25 and remains free on bond.
Smith told investigators the shots were fired after Thomas pushed her way into his house on Wexford and attempted to attack the woman who was in his bed, according to police.
Thomas said Smith invited her to the house, the two got into an argument and she was struck by Smith four to five times in the face causing swelling, according to her account in a police report.
The Mercedes-Benz, valued at $34,586.64, was a total loss.
Smith -- whose father, Judge Virgil C. Smith, presides over the juvenile division of Wayne County Circuit Court -- was to be the legislative drum major for Mayor Mike Duggan's auto insurance initiative. The program, called D-Insurance, 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 same catastrophic coverage that other Michigan drivers get in their insurance plans.
Since the incident, both Democratic and Republican leaders in the Senate have urged Smith to resign. But members of the legislative Black Caucus have offered their support and said lawmakers shouldn't be in a hurry to remove him from the Legislature.
Insanity defense may be used in state Sen. Virgil Smith case
Detroit Free Press
August 06, 2015
https://www.freep.com/story/news/local/michigan/2015/08/06/virgil-smith-case/31260953/
The embattled state senator accused of assaulting his ex-wife and shooting her 2015 Mercedes-Benz could use an insanity defense in the case against him.
State Sen. Virgil Smith, a Detroit Democrat, was ordered to undergo an examination relating to his criminal responsibility by the Center for Forensic Psychiatry “based upon the filing of a notice of insanity defense,” a court document obtained by the Free Press said.
Messages left with Smith’s attorney, Godfrey Dillard, were not returned Thursday.
“Smith will assert at the trial of this matter a substantial disorder of thought or mood significantly impaired his judgment, behavior, capacity to recognize reality, or ability to cope with ordinary demands of life,” a document filed by Dillard last month said.
A spokesman for the Wayne County Prosecutor’s Office declined to comment on the possible defense.
Smith, 35, faces charges of felonious assault, malicious destruction of personal property of $20,000 or more, possessing a firearm during the commission of a felony and a misdemeanor count of domestic violence. He is accused of assaulting Anistia Thomas on May 10, then shooting at her vehicle, totaling it.
Thomas said it happened after she went to Smith’s home on Wexford and discovered a naked woman there. Nobody was injured by the gunfire.
Smith told investigators the shots were fired after Thomas pushed her way into the house and attempted to attack the woman in his bed, according to police. A not guilty plea has been entered in the case.
Richard Krisciunas, a University of Detroit Mercy law professor and former Wayne County assistant prosecutor, said a defendant doesn’t have to go forward with the insanity defense, but filing a notice triggers a referral to the forensic center.
“Some lawyers will do it just to see if there’s anything there,” he said.
Krisciunas said the defense’s argument may be that Smith was temporarily insane.
Prosecutors are seeking information from Smith’s cell phone and have filed a motion asking the court to appoint a master to review content from the phone.
“The cell phone contains evidence relevant to the elements of the crime, defendants’ state of mind and intent, and evidence that rebuts the claim of insanity or lack of criminal responsibility,” Assistant Wayne County Prosecutor Lisa Lindsey argued in the motion.
The phone contains evidence relevant to Smith’s interaction with Thomas and several witnesses before and after the incident, and his cell phone service provider — Sprint — does not retain text message content, the prosecution said in a court document.
Dillard argued that his client has a “right of privacy privilege as well as others person not connected to this case as to the communications on the cell phone,” according to a court document. Smith objects to the inspection and examination of the phone, he wrote.
Attorneys will appear before Wayne County Circuit Judge Lawrence Talon for a motion hearing prior to Smith’s December trial.
Legal experts say in cases where insanity is the defense, jurors tend to be suspicious of it. The cases often become “a battle of the experts” at trial.
“The insanity defense in Michigan requires a defendant to lack substantial capacity to appreciate the nature and quality of the wrongfulness of the alleged criminal conduct,” said University of Detroit Mercy law professor Larry Dubin. “The defense is most often used in homicide cases where the defendant has a history of a serious mental disorder and the evidence shows a lack of understanding of the wrongfulness of the act.”
Peter Henning, a Wayne State University law professor and former federal prosecutor, said the insanity defense is uncommon, but not unknown.
Smith, who is free on bond, has declined to answer questions from reporters since his arrest. He returned to work as a state senator, but the chamber has not taken attendance or any votes since July 1.
Smith has been removed from his committees and his staff has been reassigned.
State Sen. Virgil Smith could argue insanity defense in domestic assault case
WXYZ-TV Detroit - Channel 7
August 07, 2015
https://www.youtube.com/watch?v=HtQdUmVs_sI
Sen. Virgil Smith of Detroit could plead insanity in shooting case involving ex-wife
MLive
Aug 07, 2015
https://www.mlive.com/news/detroit/2015/08/sen_virgil_smith_of_detroit_co.html
DETROIT, MI -- Elisha Anderson of the Detroit Free Press first reported on a new filing in the case against Sen. Virgil Smith Jr. that indicates he might make enter an insanity plea.
Smith's ex-wife, Anistia Thomas, came to Smith's Detroit home about 1 a.m. May 10 planning to spend the night, but instead found another woman, Tatiana Grant, naked in her ex-husband's bed.
A physical altercation ensued. Smith is accused of assaulting his ex-wife and firing an AR-15 rifle at Thomas and her 2015 Mercedes.
Online Wayne County Circuit Court records show there was a criminal responsibility examination filing July 17 to determine if defendant was sane, and therefore culpable, at the time the alleged crimes were committed.
According to the Detroit Free Press, Smith's attorney, Godfrey Dillard, entered a motion that says "Smith will assert at the trial of this matter a substantial disorder of thought or mood significantly impaired his judgment, behavior, capacity to recognize reality, or ability to cope with ordinary demands of life."
Though Thomas and Smith are divorced, Thomas said at the preliminary hearing she and Smith reignited an intimate relationship and it was "routine" for her to spend the night at the Democratic state senator's Detroit home.
She said it was a surprise when she got into Smith's bedroom and found an unclothed Grant beneath Smith's sheets.
It was previously revealed in court Thomas sent a message to Smith before she arrived at his home that said, "Why are you (expletive) up."
Grant said she was asleep and awoke to hear Smith talking to someone through the window. Smith closed the window, put on clothes, and walked to the side door when Grant says the window flew open a second time.
The ex-wife said Smith told her another woman was over as she walked past him toward the bedroom. Grant said it sounded like Smith's ex-wife ran down the hall to the bedroom; "then the bedroom door burst open."
Grant said the ex-wife grabbed the sheets, yelling, "he doesn't care about you, he doesn't love you," as Smith grabbed his ex-wife from behind.
Grant said she had "no doubt" Thomas was trying to attack her and claims she never saw Smith punch or assault his ex-wife. He was "pulling her back" and, after they fell over a TV, carried her from the room.
Moments later, Grant saw flashes outside the window, "like lightning."
The ex-wife paints Smith has much more violent and aggressive. Thomas said she went to the bedroom and asked Grant if she was sleeping with Smith, to which Grant replied, no. Thomas said it was then she pulled off the sheets.
"From there, he pulled on me, we wrestled, he punches me in the face a few times," Thomas said at the preliminary hearing. "After falling into the TV, he rammed my head into the floor."
Thomas said Smith put his right arm into the back of her neck and she "basically stopped breathing."
"He kept punching me throughout my body at that point ... " Thomas said. "He literally rammed my head into the wall by the doorway ... I fall down."
She says Smith forced her to her feet, pushed her out the side door into a railing, causing her to fall and hit her face on the concrete.
"He comes out from the side door ... I see him holding a big gun," Thomas said.
Thomas said the gun was an AR-15 rifle Smith kept under his bed and previously told her could take off a person's limb.
"He starts shooting it in the air ... " Thomas said. "He turns it toward me and starts shooting at me."
Thomas's car was struck by multiple bullets.
She ran to the home of a neighbor, also a friend of Smith, and called 911, but the neighbor took the phone from her after hearing Smith's name. He kicked her out of his house and locked the door behind, Thomas said.
The neighbor testified that Thomas had "a busted lip."
Thomas says she then ran to another house where she found help.
Smith is charged with felonious assault, malicious destruction of personal property, misdemeanor domestic violence and use of a firearm in the commission of a felony.
Although Smith remains a member of the state Legislature, he was stripped of his leadership roles and committee assignments after the shooting incident.
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.
Smith has received prior 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 was charged with operating a vehicle while being intoxicated in 2010, but the case was dropped for lack of evidence to prosecute.
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Smith is currently scheduled to face a jury trial tentatively scheduled to begin Dec. 7.
Unlike Courser and Gamrat, courts get first crack at Smith and Banks
The Detroit News
Sept. 12, 2015
https://www.detroitnews.com/story/news/politics/2015/09/12/unlike-courser-gamrat-courts-get-st-crack-dems/72181784/
Lansing — The departures of former Reps. Todd Courser and Cindy Gamrat may have ended one scandal, but it has set the stage for eventual possible disciplinary action against two Detroit Democratic lawmakers who are embroiled in legal proceedings.
Sen. Virgil Smith faces criminal charges over an incident earlier this year when he fired shots into his ex-wife’s Mercedes outside his Detroit home. Rep. Brian Banks is the target of a lawsuit filed by a former aide alleging workplace sexual harassment.
The cases have been handled differently because legislative leaders want a legal resolution of the cases involving Banks and Smith before deciding whether or how the lawmakers should be penalized for their actions.
By contrast, the political misconduct cases against the two tea party lawmakers have not resulted in findings of criminality, but Attorney General Bill Schuette’s office is investigating.
Courser, the Lapeer Republican, resigned early Friday morning. He masterminded the distribution of a fictional email to smear himself and Gamrat to cover up their extramarital affair, and the House Business Office found that both lawmakers engaged in “deceptive, deceitful and outright dishonest conduct” that also involved the misuse of taxpayer resources.
Gamrat, the Plainwell Republican, was expelled by the state House shortly afterward, having apologized and pleaded for a lighter punishment.
“Smith and Banks have proceedings going through the courts right now,” said political policy adviser Jeff Williams, chief executive officer of Lansing’s Public Sector Consultants. “This (the Courser-Gamrat case) is squarely in the Legislature’s lap because there had been no referral to the judicial system” before Friday’s request.
The process for disciplining legislators is guided by a state constitutional provision that says each legislative chamber “shall be the sole judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected thereto and serving therein, expel a member.”
Williams and others draw a distinction between the noncriminal charges against Courser and Gamrat, past lawmaker expulsions and the troubles Smith and Banks face. In the earlier cases:
■ In 1887, lawmakers expelled Rep. Milo H. Dakin of Saginaw County for seeking or accepting money from the mayor of Saginaw and others to “corruptly” use “among members of the House of Representatives ... to influence their votes” for a bill amending Saginaw’s charter, according to the Michigan House Journal.
■ The House voted 84-20 in May 1978 to oust Rep. Monte Geralds, an attorney and Democratic representative from Madison Heights, who was convicted of embezzling $24,000 from a client in his law practice.
■ The Senate expelled Washington Township Republican David Jaye on Memorial Day 2001, the only time the upper chamber has voted to oust a member. Fellow senators said they were acting on a history of three convictions involving driving under influence of alcohol, two domestic violence instances, alleged abusive treatment of Senate staffers and suggestive photos on his official laptop.
Smith was stripped of committee assignments and office staff following his arrest in the May 10 incident but returned to the Senate after missing several sessions. He votes on legislation but leaves promptly after each adjournment and has refused to comment publicly.
The Detroit senator has been ordered by a Wayne County judge to stand trial for felonious assault, malicious destruction of personal property of $20,000 or more and possessing a firearm during the commission of a felony as well as a misdemeanor count of domestic violence.
Smith allegedly got into a physical argument with his ex-wife, chased her outside and pumped shotgun blasts into her car after she discovered him in bed with another woman and angrily pushed her way into his house.
Senate Majority Leader Arlan Meekhof said he and Minority Leader Jim Ananich agree it’s inappropriate to start any further disciplinary proceedings against Smith pending the outcome of his court case.
“In Sen. Smith’s case there’s an open police investigation and some possibility of a felony (conviction),” Meekhof said. “ ...Pending adjudication of those charges, we should wait to take any action.”
Banks was sued in May 2013 by former aide Tramaine Cotton, who alleged the legislator wrongfully fired him after he rejected Banks’ sexual advances. In the lawsuit, Cotton alleged Banks took him to a Lansing hotel in April 2013 and forced oral sex on him.
In March, a three-judge Michigan Court of Appeals panel rejected Banks’ argument that he should be able to invoke “absolute immunity” from legal liability under the state Constitution for members of the Legislature that pertains to “speech and debate.” The appeals panel ruled the lawsuit could proceed.
The House has been subpoenaed and has turned over records requested in the evidentiary discovery process of the Banks lawsuit, said Gideon D’Assandro, spokesman for House Speaker Kevin Cotter, R-Mount Pleasant.
“We cannot comment on an ongoing court case,” D’Assandro said.
Banks has denied Cotton’s sexual harassment allegations and said in court documents he fired Cotton after learning Cotton had been driving him back and forth from Detroit to Lansing on a suspended license and had an outstanding bench warrant for missing a court appearance.
Banks, who could not be reached for comment, was among the 11 House members who voted “no” on Gamrat's expulsion early Friday morning.
Republican strategist Greg McNeilly argued that Republican leaders have acted quickly to police their ranks. But he accused Democratic leaders of hypocrisy and a lack of accountability for taking no action against Banks and no further action against Smith, such as public censure.
What makes the cases jarring is the severity of the accusations against the Detroit lawmakers, McNeilly said.
The Courser-Gamrat scandal involved consensual sex and a misuse of taxpayer resources, while the Democratic cases involve allegations of forced sex and violence, he said.
Democratic leaders have been “almost mute” in response to “really serious allegations of felonious assault,” said McNeilly, president of the conservative Michigan Freedom Fund.
“That shows a real difference in terms of concern for ethics and integrity,” he said.
But Democrats accused Cotter and his Republican majority of covering up possible criminal behavior involving Courser and Gamrat. They called for an investigation by Schuette and the Michigan State Police, who already were looking into Courser’s claims of anonymous text messages demanding his resignation to stave off the revelation of the affair.
Rep. Sam Singh, D-East Lansing, said during floor debate that he was concerned about the precedent they were setting for future expulsions.
“In the end, process does matter. That’s one thing we can control,” Singh said. “I can’t control the actions of the two members. I find them despicable, the actions that they took. I find it disrespectful to the institution.
“But the question is, doing a rushed process is also disrespectful to the institution.”
Singh sought to draw differences between the expulsions of Geralds and Jaye — who faced criminal charges — with proof that Courser and Gamrat plotted to cover up their affair.
“The past precedents of this chamber has been to allow the legal process to move itself through,” said Singh, who also voted “no” on Gamrat’s expulsion.
Williams said while each case is unique, the Courser-Gamrat proceedings charted a new course in legislative annals because of the lack of criminal allegations.
“This aura is part of Michigan politics for at least the next decade,” he said.
OPINION: McNeilly: Lansing needs a contract for accountability
DetroitNews
Sept. 17, 2015
https://www.detroitnews.com/story/opinion/2015/09/17/mcneilly-lansing-needs-contract-accountability/32537419/
If voters’ faith in state government is a little bit shaken these days, it’s not hard to understand why.
Republican state representatives Todd Courser and Cindy Gamrat recently got busted (and then run out of office) for misusing taxpayer resources in a bizarre attempt to cover up an illicit affair.
Meanwhile, Brian Banks, a Democratic state representative from Detroit, is facing allegations he sexually harassed one of his staffers — a public employee — and then fired him for refusing his sexual advances.
Elsewhere in Lansing, Democratic state Sen. Virgil Smith is allegedly preparing an insanity defense after being arrested for pummeling his ex-wife, shooting at her with an assault rifle, and riddling her car with bullets.
Voters are left with more questions than answers, and more doubts than questions. What are these politicians up to? What did their respective leadership teams know and when did they know it? Why won’t they just be transparent and honest? Lansing’s got to do better.
This weekend, Republicans are convening on Mackinac Island for the 31st biennial Mackinac Republican Leadership Conference. They have an opportunity to come back to Lansing ready to do some real good. They should seize it.
Here are five bold ways they could get started:
■Make the legislature and governor’s offices subject to the Freedom of Information Act.
Democrats have accused Republicans in the House of hiding records surrounding Todd Courser’s abuse of taxpayer dollars.
On the other side of the aisle, it’s been years since Brian Banks, a Democrat, was first accused of sexually harassing a staff member and then firing him when his advances were rejected. We still have no idea what Democratic leadership knew or what they’ve done about it.
Virgil Smith claims he’s suffering from bouts of insanity. Have Senate Democrats ever noticed, remarked, or acted on his condition?
Lawmakers and their staffs are taxpayers’ employees. Taxpayers deserve to know what their employees are doing on company time.
■It’s time to dramatically increase penalties for elected officials who fail to comply with the Michigan Campaign Finance Act.
When politicians like state Sen. Bert Johnson can ignore the legal penalties associated with repeated campaign finance violations (Johnson’s committee owes $6,000 from eight different violations), it’s a good indication the penalties don’t go far enough.
If we expect Lansing politicians to be fully transparent with voters about who’s funding their campaigns, it’s time campaign finance law got sharper teeth.
■Today, lobbyists in Michigan file financial reports twice per year. They should file them weekly, and those reports should be accessible electronically.
Legislation often moves through the House and Senate at a breakneck pace. This can leave voters wondering who is backing bills and what they’re spending to make it happen.
Weekly reporting on who is lobbying whom, how they’re spending their time, and how they’re spending their money will give voters the transparency they need to keep their elected officials truly accountable.
■ It’s long past time lawmakers break the cycle of government waste and end the parasitic process of government agencies spending tax dollars lobbying for more tax dollars. Let’s ban the use of tax dollars for lobbying expenses.
■Finally, it’s time Lansing publish all state contracts on the Internet. Make the database accessible, understandable, and searchable so taxpayers know how their money is being spent.
Five bold ideas for a more transparent state government. Call it the Lansing Contract for Accountability. Call it the right thing to do. It won’t restore voters’ trust in government overnight — but call it a good start.
Defense: Sen. Virgil Smith's case may not go to trial
Detroit Free Press
Dec. 17, 2015
https://www.freep.com/story/news/local/michigan/detroit/2015/12/17/state-senator-virgil-smith-court-hearing/77437336/
An attorney for embattled state Sen. Virgil Smith said in a hearing today that his client’s case could get resolved and not proceed to trial.
Smith, a Detroit Democrat, is accused of assaulting his ex-wife and shooting at her 2015 Mercedes-Benz on May 10. He faces three felonies and a misdemeanor in connection with with the incident.
Godfrey Dillard, one of Smith’s attorneys, told Wayne County Circuit Judge Lawrence Talon today that in his discussions, it seems both sides “think that we can work something out.”
The defense plans to present a proposal to prosecutors before Christmas Day to see if a resolution can be reached in the case, Dillard said. Smith’s trial is currently scheduled to start March 7, 2016.
Dillard said the defense has been “severely delayed” by the inability to get Smith’s medical record. He said they received it last week and said “that’s one of the centerpieces of what we’re attempting to do.”
Dillard did not elaborate on what the defense strategy is. Court documents filed this summer showed an insanity defense could be used in the case.
Smith, 35, faces charges of felonious assault, malicious destruction of personal property of $20,000 or more, possessing a firearm during the commission of a felony and a misdemeanor count of domestic violence in connection with the incident. A not guilty plea has been entered in the case.
Talon told the parties to return to his courtroom in the Frank Murphy Hall of Justice on Jan. 15 at 8:30 a.m., so he can be informed if an offer to resolve the case has been made and whether Smith is going to accept or reject it.
“If it’s rejected then we’ll go on from there,” he said.
During today’s hearing, that lasted about 20 minutes, Wayne County Assistant Prosecutor Lisa Lindsey said Smith’s phone has been turned over and forensically downloaded.
After the hearing, both Smith and Dillard declined comment.
Smith previously told investigators shots were fired after Anistia Thomas, his ex-wife, pushed her way into the house and attempted to attack the woman in his bed, according to police.
Thomas has said the incident happened after she went to Smith's home on Wexford and discovered a naked woman there. She testified previously that she had resumed an intimate relationship with Smith and said he punched her in the face and rammed her head into the floor and wall inside his home.
Smith has never spoken to reporters about what happened that night.
After charges were filed against Smith, he lost his staff, committee assignments and his post as a minority whip in the Senate. While some Senators have called on Smith to resign his seat, the black caucus in the chamber have offered their support.
State senator accused of shooting at ex-wife may take plea deal
MLive
Jan 15, 2016
https://www.mlive.com/news/detroit/2016/01/sen_virgil_smith_of_detroit_in.html
DETROIT, MI -- Time is running out on a possible plea deal for state Sen. Virgil Smith Jr., D-Detroit, who is accused of shooting at his ex-wife.
A final pretrial conference -- during which a plea deal could be announced --occurred 9 a.m. Friday, Jan. 15, during which no plea deal was announced.
However, another previously unscheduled pretrial conference was set for Feb. 5. It's possible Smith could plea at that hearing.
If not, a trial is tentatively scheduled for March 7 in front of Wayne Circuit Judge Lawrence S. Talon.
MLive left a message with Smith's attorney, Godfrey Dillard, requesting comment.
Smith, who served three years in the state House of Representatives before being elected to the Senate in 2010 and re-elected in 2014, is accused of opening fire with an AR-15 in the direction of his ex-wife, Anistia Thomas, and her Mercedes about 1 a.m. May 10.
The altercation occurred after Thomas arrived at Smith's home and found another woman, Tatiana Grant, naked in her ex-husband's bed.
The versions of events presented by both women during the a preliminary examination last June were inconsistent.
Thomas testified that, although Smith is her ex-husband, they'd reignited an intimate relationship. She drove to Smith's home the morning of May 10 with the intent of spending the night.
Before heading there, she sent a text that said, "you are (expletive) up," according to evidence presented at a prior hearing.
After parking in the street, Thomas walked to an open side window and said, "Kai," Smith's middle name.
Smith opened the side door and told Thomas, "Tatiana is here," the ex-wife testified.
Thomas claims she walked to the bedroom, stripped the sheets off the naked woman and asked her if she was sleeping with Smith.
Grant claims Thomas was yelling, "He doesn't care about you, he doesn't love you," as Smith grabbed his ex-wife from behind.
Thomas denies forcing her way into Smith's home or attacking Grant.
"From there, he pulled on me, we wrestled, he punches me in the face a few times," Thomas said at the preliminary examination. "After falling into the TV, he rammed my head into the floor."
Thomas said Smith put his right arm into the back of her neck and she "basically stopped breathing."
"He kept punching me throughout my body at that point ... " Thomas testified. "He literally rammed my head into the wall by the doorway ... I fall down."
Grant said Smith never punched Thomas and never slammed her head into the floor or wall. Grant saw Smith pulling the ex-wife from behind and carrying her in an attempt to remove her from the bedroom.
"No," Grant said when asked if she ever saw Smith assault Thomas.
Thomas claims Smith forced her to her feet and pushed her out the side door into a railing, causing her to fall and hit her face on the concrete.
"He comes out from the side door ... I see him holding a big gun," Thomas said.
She said the gun was an AR-15 rifle Smith kept under his bed and previously told her could take off a person's limb.
"He starts shooting it in the air ... " Thomas said. "He turns it toward me and starts shooting at me."
Thomas ran to the home of a neighbor, also a friend of Smith's. The ex-wife called 911, but the neighbor took the phone from her after hearing her giving police Smith's name. The neighbor forced her to leave and locked the door behind her, Thomas previously testified.
Thomas said she then ran to another house where she found help.
Smith was arrested and subsequently charged with malicious destruction of property, $20,000 or more; felony assault with a deadly weapon; felony use of a firearm; and domestic violence.
The most serious charge, malicious destruction of property, carries a possible prison sentence of up to 10 years.
Despite being embroiled in criminal proceedings, Smith has not stepped down or been expelled from his senate seat, although he was stripped of his leadership roles and committee assignments after the shooting incident.
He represents the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Smith has received prior 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 was charged with operating a vehicle while being intoxicated in 2010, but the case was dropped for lack of evidence to prosecute.
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Smith missed 59 of 645 Senate voting roll calls in 2015, the second most among active senators.
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