Michigan's Mazi Smith pleads guilty to misdemeanor gun charge

Ann Arbor — Michigan defensive tackle Mazi Smith, who had faced a felony concealed weapons charge, pleaded down to a misdemeanor charge during a probable cause hearing Thursday in Washtenaw County 14A-1 court and will be sentenced under Michigan’s Holmes Youthful Trainee Act.

Smith, arrested Oct. 7 in Ann Arbor, was accompanied by lawyer John Shea at the hearing before Judge Cedric Simpson. He entered a guilty plea to the charge, as read by Simpson, of “attempted possession of a loaded firearm in or upon a motor vehicle.” That is a misdemeanor punishable by up to one year in prison and a $1,000 fine, and the weapon could be subject to mandatory forfeiture.

According to Washtenaw County prosecuting attorney Ashley Londy, who also appeared on the courtroom Zoom, an offer was made to dismiss the original count and her office would accept a lesser plea “to an added count of possession of a loaded firearm in or upon a motor vehicle.”

Londy added Count 1 would be dismissed and Smith will be sentenced under Michigan’s Holmes Youthful Trainee Act (HYTA), which allows eligible criminal offenses by youthful offenders to be dismissed. Originally, the statute applied to offenders between the ages of 17 and 20, but in October 2021, it was extended to up to 26 years of age. Smith is 21.

The plea deal is not unusual for the original charge.

“It is as common as snow in January,” Detroit criminal defense attorney Steve Fishman said Thursday to The News. “Anyone who thinks otherwise knows nothing about criminal courts."

Detroit criminal defense attorney Ben Gonek said the resolution from Smith's hearing was not uncommon.

“Given the facts and circumstances of the case, this is a very typical resolution for any citizen," Gonek told The News.

Smith, a senior co-captain, has not faced suspension from Michigan since his arrest and played at Indiana the day after the traffic stop. He was arraigned last Thursday, two days before Michigan’s appearance in the Big Ten championship game and played. The Wolverines are preparing for a national semifinal game on Dec. 31 in Arizona, and Smith’s sentencing is scheduled for Dec. 29 in 15th District Court.

A Michigan football spokesman said Thursday there is no change in Smith’s status with the team.

According to the police report obtained Thursday by The Detroit News, the arresting officer stopped Smith for speeding at 9:34 a.m. at King George Boulevard and Lockridge Drive for traveling approximately 35 to 40 miles per hour in a posted 25 mph zone. The officer, after approaching the car, noticed “an open rifle case on the floorboard of the back seat.” Smith said he was speeding because he “had somewhere to be at 9:30 and it was already 9:35.” He did not have his driver’s license because he forgot his wallet, according to the report.

“Smith also indicated he did have his gun in the vehicle,” the report reads. “I asked Smith if he had a valid CPL (concealed pistol license) and Smith stated he just completed the course for his CPL. I had Smith step out of the vehicle and handcuffed him behind the back with no resistance.

“As I opened the driver's side door, I observed a loaded handgun magazine in the driver's side door and a large bulge in Smith’s right pocket. I had Smith walk back to my patrol vehicle and I removed two loaded magazines from his right pants pocket.”

In the sworn testimony last week from detective Jonathan McDonagh, who was not the arresting officer, he said Smith had three magazines in the car but did not indicate whether Smith’s Glock 19 gun was loaded. After Smith was read his Miranda Rights, the officer asked why he had appeared to be moving around in the truck when he was pulled over.

“I was just trying to put it in the case and lock the case up,” Smith told the officer, according to the report. “The rifle case wouldn't lock. It wasn't loaded, I just had the gun up front. I was in such a rush I didn't put it in the case and lock it up."

The officer offers no dispute of this description of the gun in the report. Ann Arbor Police Detective Bureau Lieutenant Bonnie Theil told The Detroit News on Thursday that she had asked the arresting officer if the gun had been loaded and was told it was not loaded — the chambers were empty and there was no magazine.

“But that’s not relevant to the charge," Theil said.

The issue was that the gun case was not locked and “ammunition was accessible to the driver," Theil said.

Before he was read his rights, Smith, sitting in the back seat of the patrol car, told the officer why he had the gun with him.

“I was riding around with it because people are starting to know me more and I don't feel comfortable,” Smith said, according to the officer’s report. “While seated in the rear of the patrol vehicle Smith asked me, ‘You think I am going to be in any trouble?’ Smith stated, ‘I was speeding.’ Smith stated, ‘I was trying to put it, I just literally got in my car, and I just took my CPL class.’”

He was then advised if he was going to continue talking to the officer, his rights needed to be read.

Smith was taken to the Ann Arbor Police station and was processed and released. He left with the Michigan football team that day and played in the game at Indiana the next day, Oct. 8, at Indiana.

According to Shea during the Dec. 1 arraignment, Smith was in the process of getting his concealed pistol license (CPL) when he was pulled over. Magistrate Elisha Fink said Smith could travel with the team to Indianapolis for the Big Ten Championship Game on Dec. 3 on a personal recognizance bond. Smith, according to Shea, has since obtained his CPL.

Michigan football coach Jim Harbaugh said Sunday during a videoconference with reporters to discuss the upcoming Fiesta Bowl that he found out about the arrest the day it happened.

“Mazi was completely honest, upfront, cooperative,” Harbaugh said. “Felt like he gave us the exact circumstances. And then, as I said, this has been something that’s gone to the … I really respect the justice system and feel like there’ll be a fair resolution that comes soon from that.

“As far as a decision on to play Mazi Smith from the time of the incident through now, that’s a decision that’s made by our athletic director Warde Manuel and our (university) president Santa Ono, and myself, all who know Mazi Smith and know the kind of person he is and the trust that he’s built up in our program.”

achengelis@detroitnews.com

Twitter: @chengelis