Council members take stand in Eric Mays trial

Flint, MI – The trial in City of Flint v. Eric Mays began Thursday, March 9, 2023, with multiple city officials taking the witness stand.

The City was represented by attorney Michael Gildner and Flint City Councilman Eric Mays chose to represent himself.

The case, in which Mays faces one charge of disorderly conduct and disorderly persons, is being heard by 67th District Court Judge Vikki Bayeh-Haley. According to Michigan law, Mays’ charge is a misdemeanor punishable by not more than 90 days in jail or a $500 fine.

The first day of the trial saw three witnesses take the stand: Flint City Council President Allie Herkenroder, Flint Police Officer William Metcalfe and Flint City Councilwoman Jerri Winfrey-Carter.

In a previous presentation, Gildner had noted that the City was suing Mays for his conduct at an April 25, 2022 meeting, noting he was removed from the meeting by vote and refused to leave, leading to police intervention.

In response to Gildner’s presentation, Mays had said the real point of contention was whether or not it was permissible for him to return to that meeting after being excused by the council president.

On March 9, Herkenroder was called to the stand first, and questioned on whether or not she gave Mays permission to leave the eight-hour meeting that took place in April 2022.

In the video footage of the April 25 meeting shown during the trial, Herkenroder responded, “OK,” to Mays announcing he was going to excuse himself from the meeting to sit in the audience. Prior to this, Mays was issued a warning for using profanity during the same meeting.

Through testimony, Herkenroder said that it is a common practice for councilmembers to excuse themselves from meetings and that they are often given permission to leave and allowed to come back. However, she testified that she did not give Mays permission to leave and therefore it was against the rules for him to return to the meeting.

“If you had been granted permission to leave, you would not need permission to come back,” Herkenroder said.

The second witness was Flint Police Officer William Metcalfe, who arrested Mays after he attempted to return to the April 25 meeting.

Metcalfe testified that he initially asked Mays to leave on his own. In response, Metcalfe testified that Mays told him he would only leave if he was handcuffed and arrested.

Councilwoman Jerri Winfrey-Carter was third to the stand and said she often requests to be excused from council meetings.

“I’ve been excused by the chair and I was let back into the meeting and continued on that particular night,” she said.

Winfrey-Carter also testified that it was unfair of Herkenroder to assume that Mays was leaving the meeting for good because his belongings were still at his spot.

Winfrey-Carter will return to complete her testimony before the jury on Friday, March 10, 2023, when more witnesses, including City of Flint Attorney Bill Kim and Flint City Councilmembers Tonya Burns and Dennis Pfeiffer, are expected to appear.