Virgil Smith

DETROIT — State Sen. Virgil Smith (D-Detroit) may resign his post and go to jail for 10 months as a part of a guilty plea in connection to shooting at his ex-wife last year. 

In May of 2015, Smith, 35, was charged with domestic violence assault and felony firearm after firing his gun at his ex-wife’s car when she was in the vehicle. The victim escaped uninjured from the incident. 

The maximum penalty for the charges is 10 years in prison. The former lawmaker remains free on bail. 

The plea that the state senator entered also entails that he remains on probation for five years. He cannot run for public office during that time. He also must undergo a mental health evaluation, get treatment for his alcohol dependency and pay restitution to the victim.

Judge Lawrence Talon will decide whether he will accept the deal at a sentence hearing on March 14.

Wayne County Prosecutor Kym Worthy said it is rare to dismiss a felony firearm charge if the weapon was discharged.

“In this case, however, after extensive review of the medical and psychiatric records of the defendant, I am convinced that there are extenuating circumstances to support dismissal of that charge,” she said in a statement.

According to Worthy, Smith suffers bipolar depression and a neurocognitive disorder related to a brain injury he sustained during a trafic accident in 2014.

Smith was reelected to the Michigan Senate in 2014, defeating then-State Rep. Rashida Tlaib. 

According to state law, Gov. Rick Snyder can call a special election to fill Smith’s seat. The governor would likely schedule the election to coincide with the primaries in August.

Tlaib, who is now the manager for the Take on Hate campaign, took to Facebook to say it is too early to discuss vying for Smith’s seat. She added that she received numerous calls and texts inquiring if she will run.

Smith’s resignation would solidify Republicans’ super majority in the Michigan Senate, leaving 10 Democrats compared to 27 GOP lawmakers.