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Still A State Senator, Virgil Smith Ordered To Jail

DETROIT (WWJ/AP) - A judge has sent Virgil Smith to jail for a shooting incident involving his ex-wife, but ruled the Democratic state senator from Detroit does not have to resign from office.

Wayne County Circuit Judge Lawrence Talon on Monday stuck with an earlier ruling that he could not enforce Smith's resignation as a condition of the plea made with prosecutors, as that part of the deal "offends the state constitution."

Prosecutors now say they will appeal the ruling because Smith "did not fulfill his part of the plea agreement by resigning his elected position."

Smith was sentenced to 10 months in jail and five years' probation for malicious destruction of property. Charges of domestic violence and assault were dropped.

Earlier this month, Republican Senate Majority Leader Arlan Meekhof said that Smith "will resign at some point," adding that expulsion proceedings could be an option if necessary.

Democratic Senate Minority Leader Jim Ananich said he "can't see a scenario" where Smith, who represents Michigan's fourth senate district, doesn't resign.

The Michigan Constitution says lawmakers are ineligible for office if convicted of a felony that breaches the "public trust."

Smith, 36, was arrested last Spring at his Detroit home after allegedly assaulting his ex-wife, Anistia Thomas, and shooting up her parked Mercedes-Benz. He's accused of firing as many as ten shots the car in what authorities said was a domestic dispute, early last Mother's Day morning.

Thomas has said she had resumed an intimate relationship with Smith but found him with a naked woman.

Along with his jail sentence, Smith was ordered undergo alcohol and drug counseling. The judge also said Smith will have no chance for early release.

TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

 

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