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Incarcerated Michigan Senator Virgil Smith resigns

Having said that, the state finally has one less problem since former state senator, Virgil K. Smith, a Democrat, submitted a letter of resignation to the state Senate effective April 12, when the legislature returns from Spring break. Smith is already serving time for shooting up his ex-wife’s car. Anistia Thomas says Smith pretty much beat her up, rammed her head into the floor and wall and fired several shots at her Mercedes-Benz. Smith admits to firing at the car and damage caused by his bullets led to charges of malicious destruction of property over $20,000, using a firearm during the commission of a felony and a misdemeanor domestic violence against Smith.

However, a quirky restriction imposed by Wayne County Circuit Judge Lawrence Talon allowed Smith to remain a state senator until or unless fellow legislatures expelled him or he was recalled by voters. The ruling is controversial because Smith pleaded guilty and was sentenced to 10 months in the Wayne County Jail with five years probation. The violent and lurid domestic incident occurred in May 2015.

Prosecutor Kym Worthy requested the plea-deal Smith struck be dismissed and his case scheduled for trial. Judge Talon declined her request on Monday and Worthy’s office announced Thursday that it would appeal Talon’s ruling. Worthy’s office announced today that the resignation wouldn’t change the prosecutor’s decision to seek leave to appeal the decision of the judge in the matter, according to Maria Miller, spokeswoman for Worthy. However, government being ever slow to react to the obvious, Smith’s resignation won’t be effective until it’s read into the Senate Journal on April 12 and because of the delay, Smith will receive another check for $2,757 minus taxes,healthcare and retirement deductions. Smith’s was earning $71,685 per year when the domestic dispute interrupted.

Smith’s resignation solves a judicial conundrum for the state since the former state senator would continue to collect his salary plus benefits even while he was serving a sentence in the Wayne County Jail because nothing more could be done until the state Senate returned and held expulsion hearings. Smith’s seat will be filled in a special election.

Smith’s one-sentence resignation simply stated he resigns as a senator, said Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof, R-West Olive.
“It’s just good to have resolution,” she added.

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