Virgil Smith Jr.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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