Detroit Councilman Gabe Leland arraigned on misconduct in office charge

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Mar. 9—DETROIT — City Councilman Gabe Leland was arraigned Tuesday on a felony charge of misconduct in office just days after declaring he won't seek a third term.

Leland, who represents Detroit's District 7, appeared briefly in 36th District Court via livestream on the count leveled against him last summer on claims he accepted $7,500 in cash for his 2017 reelection campaign and free car repairs in exchange for his vote on a land deal.

Leland's attorney Steve Fishman waived a formal reading of the charge Tuesday and Leland stood mute. The court entered a not guilty plea on his behalf.

The court set a probable cause hearing for April 5 and set a $10,000 personal bond.

The state charges were authorized as Leland awaits a federal trial on three counts of bribery.

The Monroe County Prosecutor's Office charged Leland with misconduct in office in July after Wayne County Prosecutor Kym L. Worthy cited a conflict of interest.

It's alleged Leland "accepted a campaign contribution of $7,500 in cash," which isn't permitted under state law. The payments are alleged to have occurred between Jan. 1, 2017, and Jan. 31, 2018.

The maximum penalty for the felony offense is five years in prison and a $10,000 fine.

But the U.S. Department of Justice has indicated in court filings that it "worked out a resolution" with Leland and his attorney that calls for Leland to plead guilty to the misconduct charge in exchange for a probationary sentence.

The DOJ then intends to dismiss its indictment, a Feb. 14, 2020, letter to Wayne County prosecutors notes.

Fishman reiterated to The News on Tuesday that the case is "going to be resolved soon."

The arraignment comes after Leland said in a Thursday Facebook post to residents and supporters that he made the "difficult decision" to "turn a page in my life."

"I always gave my best and remained focused on making sure that the needs and concerns of all constituents were met," Leland wrote in the open letter. "We have worked so hard together and have accomplished many great things throughout our community."

Leland was indicted by a federal grand jury in October 2018 on bribery conspiracy and two counts of bribery on allegations he agreed to accept $15,000 in cash and car repairs from Detroit auto shop owner Robert Carmack to stall a vote on a land deal.

Just after his indictment in 2018, Leland vowed it would be "business as usual" for him at City Hall and he was "innocent until proven guilty."

Leland has continued to take part in council sessions. On Tuesday, prior to and after his brief arraignment, Leland was logged on for the panel's weekly formal session.

Last summer, he cast a tie-breaking vote on a contentious proposal to put a $250 million blight bond before Detroit voters last November. Voters ultimately approved the bond measure.

The government alleges Leland and Carmack discussed land that Carmack believed he owned that was going to be sold by the city. Leland, authorities contend, offered to vote and help Carmack delay or prevent the sale in exchange for the money as well as free car repair.

Leland in August 2017 allegedly enlisted a campaign staffer to pick up and deliver him $7,500. Four days later, he won the Aug. 8 primary.

Leland met Carmack at the Caucus Club Detroit restaurant afterward, acknowledging receipt of the $7,500 but said Carmack never paid the balance of the $15,000 bribe, according to Leland's federal indictment.

The pair met at The Sting on Michigan Avenue on June 23, 2017, to discuss Leland's alleged efforts to stall the land deal.

"So when do you want me to give you that money?" Carmack asked Leland during the meeting captured on a secret recording by Carmack released by the Monroe County Prosecutor's Office under the Freedom of Information Act.

Leland told Carmack he favored two checks for his campaign account to "do it by the book." But Carmack argued he wanted to hand the councilman the cash: "I'll just give you the money. I don't want to deal with nobody else."

"That's probably a good thing. Deal on the low f---- low, low right now," said Leland, expressing worries over his close ties with indicted towing titan Gasper Fiore, who'd been charged that June in a widespread bribery conspiracy in Macomb County. Fiore later became an FBI witness, cooperating with government investigators targeting politicians, including Leland.

Fishman has said that the 2017 audio recordings support a position that what transpired was nothing more than improperly accepting a cash campaign payment.

As of late February, 10 residents had picked up petitions for a run for the District 7 seat.

cferretti@detroitnews.com