Original Case Details
Wayne County Prosecutor Kym Worthy is set to testify over her handling of Former state senator Virgil Smith’s criminal case. Smith was sentenced to ten months in the Wayne County Jail back in 2016 for a felony charge of malicious destruction of property along with admitting that he brandished a gun and fired shots at his ex-wife’s car. An initial plea deal with negotiated where the Wayne County Prosecutors Office agreed to drop three charges if Smith agreed to resign from the Senate along with agreeing to not hold elected office during his probation period, which would have been set for five years. When the negotiated plea deal went in front of Wayne County Circuit Court Judge Lawrence Talon, the judge removed both requirements relating Smith’s ability to hold elected office from the deal, stating that the terms were unconstitutional. Prosecutors didn’t agree with a deal that did not include resignation and no elected office so they attempted to withdraw the deal, but Judge Talon would not allow the withdrawal. Prosecutors appealed the Judge’s decision and won at the Michigan Supreme Court in 2018, where the ruling said that the judge should have allowed prosecutors to withdraw from the deal since key parts of it were removed by the judge. After the deal was successfully withdrawn, Wayne County Prosecutor Kym Worthy then offered Smith a new deal if he pled to two felonies, which included the previous malicious destruction of property charge in addition to felonious assault. Seeing as Smith had already served his jail time in 2016, and had no new charges or violations, he found this to be vindictive on Worthy’s part since Smith had a deal that included only one felony conviction previously. Smith had also unsuccessfully attempted a run for a seat on Detroit City Council after serving his jail time.