Sen. Virgil Smith (file photo)
Updated: Monday, 11:30 p.m. -- The judge refused to force Sen. Virgil Smith to resign as part of a plea agreement.
"It would be illegal for me to impose as a condition of sentence that he resign from office and that he not hold public office during the pendency of his probation,” Wayne County Circuit Judge Lawrence Talon said during the hearing, according to the Detroit Free Press.
Wayne County Prosecutor Kym Worthy was not happy with that judge, and issued a statement in a press release:
"The plea is legal, and the defendant agreed to it. If all the conditions are not accepted by the court we will withdraw our plea. We are certain that we stand on solid legal ground.”
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From Earlier on Monday
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On Monday, the state senator was sentenced in Wayne County Circuit Court to 10 months in jail in a plea agreement, Elisha Anderson of the Detroit Free Press reports. The agreement called for him to resign.
Wayne County Circuit Judge Lawrence Talon stipulated that Smith get no early release and comply with psychiatric, alcohol and drug counseling, the Detroit Free Press reports.
Smith, you may recall, created a tangled web. He was accused of assaulting his ex-wife during a high-drama confrontation May 10 at his home on Wexford in Detroit.
Smith was accused of as assaulting his ex-wife, whom he had resumed an intimate relationship with, the Freep reports. He started shooting at her Mercedes-Benz parked outside his home after she pushed her way into his home and attacked a woman in his bed, the Freep writes.
Smith's ex-wife, Anistia Thomas, addressed the court Monday, saying Smith has lied to save face and avoid prison time, "still blaming me."
"I refuse to take on blame due to his extreme faults and lack of responsibility," Thomas remarked, adding that she suffered cuts and bruises during the confrontation.
