A judge's sentence the would have sent State Sen. Virgil Smith to the Wayne County Jail for 10 months after an incident involving his ex-wife last year may by in jeopardy.
Smith was also sentenced to five years probation.
The 35-year-old Democratic senator from Detroit made a plea deal in the case. The senator pleaded guilty to malicious destruction of property.
The plea deal also included Smith's resignation from office, however, the judge threw out the resignation part of the plea deal. He said neither he nor the prosecutor can force Smith to resign.
The prosecutor's office is now deciding on whether or not to withdraw the plea deal. The sentencing hearing has been adjourned until March 28, while the prosecution decides what to do.
"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," Prosecutor Kym Worthy said.
Smith's ex-wife discovered him with another woman last spring. He shot at his ex-wife’s 2015 Mercedes-Benz with an AR-15. Fortunately, no one was shot during the incident.
Smith's ex-wife, Anistia Thomas, spoke at the sentencing, saying Smith hunted her down, and saying she received more than a dozen bruises and a busted lip.
