Former East Cleveland Councilman Ernest Smith received three years of probation and was ordered to pay $6,791 in restitution after a jury found him guilty earlier this year on multiple corruption-related charges.
The sentencing was handed down Tuesday by Cuyahoga County Common Pleas Judge Hollie Gallagher, who opted against imprisonment in the case rooted in misuse of municipal resources.
Smith, alongside former Mayor Brandon King, was convicted on May 29 following a lengthy trial. The charges against Smith included one count of theft in office, one count of soliciting improper compensation, one count of misuse of credit cards, and two counts of theft.
Prosecutors presented evidence that from Jan. 1, 2018, to Feb. 22, 2022, Smith improperly used a city vehicle and fuel card for personal travel at taxpayer expense.
Cuyahoga County Prosecutor Michael O’Malley argued in court that “[Smith] improperly drove a city car and spent $6,791 on gas at taxpayer expense” during that period. “In public office, trust is paramount,” O’Malley added.
“The citizens of East Cleveland deserve better than what their municipal government has provided them. I am hopeful, under the new leadership, that the city is now headed in the right direction,” he said, referring to Mayor Sandra Morgan.
Smith’s attorney, Michael Lisk, challenged the prosecution’s claims.
“There is no evidence that Mr. Smith misused the city car or gas card,” Lisk said.
He maintained that Smith’s use of municipal vehicles was strictly for official duties. Lisk characterized the prosecution’s case as political in nature, suggesting that bias influenced how investigators interpreted Smith’s actions.
During his statement, Smith echoed that sentiment: “Everything I did was for the city. I never benefited personally.” He expressed remorse for any misunderstanding, noting he had fully reimbursed the city immediately afterward.
Gallagher ruled that probation, combined with restitution and a prohibition on holding public office, sufficiently addressed the gravity of the offenses. Smith must complete three years of probation and pay back the full $6,791. Furthermore, he is barred from seeking or occupying any public office in Ohio for seven years.
Notably, News 5 Cleveland reported that the ban extends for life, though court records confirm the official term is a seven-year disqualification.
Smith’s sentencing follows a broader judicial reckoning in East Cleveland, where King was convicted of multiple corruption charges, ranging from theft in office to filing false financial disclosures. King is scheduled for sentencing on July 9.
Prosecutors said King authorized city payments to businesses tied to himself and family members, an arrangement O’Malley described as a clear conflict of interest.
“Mayor King’s conviction was inevitable,” O’Malley told Cleveland 19 News. “The citizens of East Cleveland deserve better.”
With both convictions, East Cleveland enters a period of cleanup under new leadership.
Before the judge issued a sentence, Smith addressed the courtroom directly: “I accept responsibility, but I ask this court and the community to understand that my record of service and my intent were always focused on the people I represented.”
He concluded, “While I regret the outcome, I stand by my record of dedication to East Cleveland.”
Smith’s probation will be overseen by court-appointed officers, and any violation could result in incarceration. Meanwhile, Mayor King’s sentencing is set for July 9.
Both officials remain disqualified from holding public office for at least seven years, reshaping the city’s political landscape for the foreseeable future.
