(Photo: Virgil Smith website)

LANSING – A Senate Democrat faces an uphill battle in his quest to bring the death penalty to Michigan for people convicted of killing a police or correctional officer.

State Sen. Virgil Smith, D-Detroit, said he promised a constituent - James Bowens, father of Detroit Police Officer Matthew Bowens who was killed during a traffic stop in 2004 - that he would bring the issue up this year.

"If you kill a cop, you're the most egregious criminal out there," Smith said. "If you're willing to go that far, there's no telling what you're willing to do. There should be no mercy at that point."

He offered a resolution to change the state's constitution that would require a two-thirds vote in both the House and Senate as well as statewide vote of the people. Michigan was the first state to officially abolish capital punishment in 1847. That ban was reinforced by the 1962 constitutional convention.

But there have been at least three efforts in recent years to bring back the death penalty. Former state Rep. Larry Julian, R-Lennon, a former state trooper tried in 1999 and 2004 to bring back the death penalty. He was bolstered in his second effort when the parents of the two slain Detroit Police officers - Bowens and his partner Officer Jennifer Fetig - signed on to the effort. But both efforts fell far short of the two-thirds vote needed to be place on the ballot.

Oakland County Sheriff Mike Bouchard also offered a resolution to bring the death penalty to Michigan in 1995 when he was a state Senator. He couldn't get enough co-sponsors to have the issue taken up for a vote. But the Birmingham Republican still believes in capital punishment

"I'm supportive of it whether it's a soccer mom, a business owner or a police officer who is killed," he said.."I think a jury has the right to make that decision. It's a shame that the Legislature consistently refuses to let the people vote on it."

Michigan is one of 18 states to abolish the death penalty, including six states which have gotten rid of capital punishment in the last decade, according to the Death Penalty Information Center. The U.S. Supreme Court is also hearing challenges to Oklahoma's lethal injection policies after three botched executions. In 2014, 35 people were executed in seven states. Another seven inmates on death row were exonerated last year.

There still can be federal executions in Michigan, but the last person executed in the state was Anthony Chebatoris, who was hanged July 8, 1938, at the federal prison in Milan after he was convicted of killing a bystander during a bank robbery in Midland.

Bowens and Fettig, were killed during a traffic stop in southwest Detroit. Eric L. Marshall was convicted of the murders and sentenced to life in prison. He died in 2010.

Republican Sen. Rick Jones, R-Grand Ledge, is a former Sheriff and strong advocate for victims of crime. But even he said he's against the death penalty in all circumstances because the risk of making a mistake is just too high.

"Occasionally, the system makes a mistake," Jones said. "If a mistake is made, we can't dig somebody up and say we're sorry. If somebody's in prison, we can release them. I'm firmly against the death penalty."

The Michigan Catholic Conference is also a strong voice against bringing the death penalty back,saying the state should be proud of its anti-capital punishment tradition.

"We have structures in place that shield society from an aggressor who has committed such a heinous crime," said David Maluchnick, spokesman for the Conference. "We believe that a government with the power to kill is a government with too much power.

"At a time when so many states are moving away from the death penalty, it's quite surprising that Michigan is contemplating moving the other way," he added.

Smith acknowledged that passing his resolution won't be easy, "But it's only for police and correctional officers. These are the people at the front line trying to defend our public safety, so we need to protect them as much as we can."

The resolution has been assigned to the Senate Judiciary Committee.

Contact Kathleen Gray: 517-372-8661, kgray99@freepress.com or on Twitter @michpoligal.

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DTOM: So Senator Smith, what about 'killer cops' - those entrusted with authority and who supposedly employed to keep the peace, protect and serve the public, who then murder innocent citizens - are they not FAR more egregious? 

Or is this only proof that the praetorian costumed mercenaries of the states are deemed to have more worth than the peons and serfs - i.e the American people.