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Former prosecutor sentenced to four years probation, ordered to pay $25,000 restitution in corruption case

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PONTIAC (WXYZ) — Former Macomb County Prosecutor Eric Smith maintained that he didn't use county forfeiture funds to line his own pockets, despite pleading guilty to misconduct in office, tampering with evidence and conspiracy to commit forgery.

"We thought that giving money to churches to stop crime before it happens, to give money to churches that were fighting drug abuse, fighting homelessness, fighting domestic violence... I got prosecuted for that," Smith told reporters just after he walked out of Oakland County Judge Nanci Grant's courtroom Wednesday.

Judge Grant, serving as a Macomb County visiting judge for the case, followed along the lines of a plea agreement Smith had with State Attorney General Dana Nessel's office, sentenced Smith to four years probation, 750 hours of community service, and ordered him to pay $25,000 in restitution.

A state investigator said Smith treated forfeiture accounts like his own personal slush fund, spending money on office parties and a security system for his home.

Smith claims he only used the money for work-related events. He said the home security system was cheaper than having a deputy guard him and his family at home because he'd been told about a potential threat.

"This is a disagreement about how money should be spent in furtherance of law enforcement. That's what it's about," Smith said.

When asked why take a plea if he doesn't believe he did anything illegal, Smith talked about the impact the last few years has had on his family and wanting to avoid the high cost of a trial.

"Obviously, you know, this didn't work out the way I wanted it to, but I had to get this over with. My family's gone through too much. Five years of this hanging over our heads," he said.

Smith declined to say why he pleaded guilty to obstruction of justice in a federal case in which he was accused of lying to federal law enforcement officers and a grand jury.

"We're not here on the federal case," Smith told Action News. "The federal case is over. I'm on probation for them, but I'm here today to talk about this."

Smith said he's now working in construction and doesn't miss the high stress of the prosecutor's office.

"Yesterday, I tore down drywall. Last week, I was changing light fixtures. So I'm kind of handy at that stuff," he said. "So, I'm getting to do this sort of thing, which is such a nice thing."