1st Ward Flint City Councilman Eric Mays talked to the Courier about being sentenced to six months probation, to take a class and a fine less of less than $500 on Tuesday, April 25.
Judge Bayeh-Haley said Mays’ actions after the council’s decision could be considered disorderly conduct because he delayed the meeting. Also, it was required for police to remove Mays rather than him leaving voluntarily.
But the judge also said: “It was a 10-second interval where he sat quietly and said that ‘If I am going to be removed, I want to be arrested’ and he cooperated with the police, he wasn’t struggling. If there’s all these instances of outrageous and disruptive conduct, it wasn’t presented before the court.”
Bayeh-Haley agreed with Mays and his attorney on a matter in question.
Council President and 7th Ward Councilwoman Allie Herkenroder had warned Mays for using profanity earlier in the meeting.
However, Mays had argued that his removal from the council meeting on April 25, 2022, was unjustified.
Herkenroder had ordered Mays to leave because she said he left his council seat and attempted to return without permission.
“Whether she intended to lie or was mistaken, he did have permission,” said Bayeh-Haley.
Video from the meeting showed Mays asking, before leaving the meeting “May I ask to be excused because you won’t get the pleasure of throwing me out?”
“Yes, you may be excused,” was Herkenroder’s response.
Special prosecutor Michael Gildner suggested Bayeh-Haley consider jail time for Mays.
“You got council members who were wrong, who probably wanted to see me get jail time,” said Mays. “…For 10 years, I’ve been able to get out of my seat, go to the bathroom or whatever, and return, and it’s not disorderly conduct.”
Mays stated any time there is a probation, he will live up to it.
Bayeh-Haley stated she thinks the entire city council could benefit from the process class that the probation office recommends.
“But I don’t have jurisdiction over them,” she added.
“The council is new,” said Mays. “They don’t understand and know some of the procedures and rules they need to be learning and coached on. The judge said what she said, and she said it based on the facts of the case.”
