Stupid Criminals: Road Rage Is Not Good For You

Especially when you get out of the boat (ie your car).

The Detroit Free Press: Jackson County man killed in road-rage incident. What MSP says happened

A road-rage incident this past weekend in Jackson County left one man dead and another hospitalized after a third, uninvolved passerby struck both men while they were fighting in the middle of M-60 in Concord Township, the Michigan State Police said.

Yep, don't be scuffling in the middle of a highway at night - you're kinda hard to see rolling around down there, and may get hit by another vehicle as oxxured here.

According to police, the two younger men were involved in a road-rage incident. The drivers of the vehicles — a Chevy Malibu operated by the Concord man, and a Jeep Cherokee operated by the Parma man — pulled onto the shoulder of the road.

Once parked, they got out of their vehicles and began fighting in the road, where the Hanover man struck both of them

There were no winners in this incident, which appears to have been both voluntary on both their parts, and completely avoidable.

Stay in your vehicle and keep your hands to yourself. 

Nothing good happens when you try to fight it out over some slight in traffic. 

Throwing hands just because you got cut off, or the other driver is a moron is not going to improve your commute and it may just wreck your day, or life. 

Martin Zale Case Heads To The Jury - Update: Guilty

The Detroit News: Jurors debate fate of Howell road rage shooting suspect

Zale testified that he was in fear of his life after Fleming having banged on the side of his truck threatened him through the open window and punched him in the head.

No witnesses testified as to the punch occurring, though others did state Fleming banged on the truck before approaching Zale's door.

Lots of testimony was entered as to Flemming's aggressive nature, as was Zale's prior road rage incident.

The prosecutor in this case has made some interesting statements, including the claim that since the incident took about 5 seconds it was insufficient time for the scenario to have unfolded as Zale described.

Another interesting statement of his was his insinuation that having self-defense insurance is an indicia of wanting to shoot someone:

“You basically insured yourself in case you ever shot someone, didn’t you?” Rose [The county prosecutor] asked

Rather inflammatory, but it is good to know that prosecutors may address the issue so a proper response can be made.

The prosecutor has also made some curious statements regarding Michigan law concerning the duty to retreat and hopefully Mr. Zale's defense counsel rebutted the misinterpretation.

We'll see what the jury decides.

As Dan helpfully pointed out in the comments, he has just been found guilty of 2nd Degree Murder.

The Detroit News: Driver guilty in Howell road rage killing.

Mr. Zale made a lot of mistakes.

However, it appears the prosecutor may have committed some appealable errors, so this may not be over yet.

Martin Zale Road Rage Trial Begins

The jury of 10 women and 4 men has been selected in the Martin Zale trial.

The incident occurred in Livingston county where both participants with a history of aggression.

Opening statements and some initial testimony given and we now know where the prosecutor and defense are coming from.

The prosecutor has shown Mr. Zale has a history of very aggressive driving, including testimony from his former co-workers that he was a highly aggressive driver and had fought with another driver before. None of that will be helpful to Zale.

The defense however has claimed that Mr. Zale attempted to avoid Fleming, even running through a yellow light. But Fleming pursued him through a red light and then at the next light got out and engaged Mr. Zale. Mr. Fleming left his vehicle, banged on Mr. Zale's truck, threatened and then punched Mr Zale, whereupon Mr. Zale then shot him.

The defense's claim about the truck was bolstered by some witnesses today, but none of the seven that testified saw any punches being thrown as reported in The Livingston Daily:

Gary Blair Jr. said he saw Flemming hit the driver’s-side window and say, “What the f--- is your problem.”

Another witness saw Flemming run his hand along the side of the pickup bed as he approached the driver, who had stopped at the Grand River Avenue and Chilson Road intersection, just east of Howell.

It's clear that Fleming got out of his car after chasing Zale and approached vehicle.

Still unexplained is how Zale, with a pending misdemeanor proceeding from his earlier road rage incident could have had a carry permit, as once a misdemeanor charge is brought the CPL is automatically suspended in Michigan.

The only lessons so far to be taken away from this case are:

1. Don't drive make a habit of driving like an aggressive idiot, people will remember.

2. Don't be an aggressor in a road rage incident, people will remember.

3. Don't engage in road rage, don't pursue someone else who is committing road rage, and don't get out of your vehicle to confront someone else who is road raging.

4. Do not roll down your window to discuss the matter with the idiot that comes out to confront you but get away if at all possible.

More lessons may be learned as the trial continues, but so far it seems the story continues to be that two aggressive idiots got into a road raging incident and both have lost.

Whether Cop Or Civillian, Road Rage Brandishing Never Ends Well

There's been quite a slew of road-rage brandishing incidents in southeastern Michigan recently.

The latest reported one is involving one of Detroit's (possibly not so-) Finest, courtesy of the Detroit News:

Charges sought in road rage case for Detroit officer

According to police, a Beverly Hills couple allege the officer's vehicle cut them off about 7 p.m. Friday on Woodward Avenue near Maple Road in Birmingham.

As the cars continued south on Woodward, Kiernan said, the incident escalated into a "road rage" incident with erratic driving by the officer, the couple allege.

The officer pulled next to the couple, lowered his window and laid his gun, a Glock 40 caliber, across his chest, Kiernan said.

The couple then called 911, he said.

"He rolls the window down, has a gun in his hand, laying across his chest. Whether it was pointed at them or not, I don't know. It will make a big difference," he said. [Note: Indeed it will, for that's the difference between felonious assault and misdemeanor brandishing]

Once the cars crossed 14 Mile, they entered Royal Oak, where police were contacted and the officer was pulled over.

A friend of mine witnessed the felony stop in this incident and we only saw the article about it later. Multiple officers with guns drawn converged on the vehicle during the stop.

Please Understand and Do NOT draw you firearm just because someone cuts you off in traffic, or even worse if you cut someone else off. Do NOT draw just because someone honks at you or extends to you the international hand sign for peace, goodwill, and inter-driver understanding.

It is highly rarely, if ever, justifiable at that point. Expect everyone working on your case to consider it not justifiable without one heckuva convincing and demonstrable reason why it was justifiable. Someone being an idiot while driving and cutting you off is simply not a sufficient reason to display a firearm in a threatening manner.

If you cannot honestly and reasonably explain how you're about to imminently face death, grievous bodily harm, or forcible sexual penetration, leave the gun in the holster or otherwise out of sight.

Further, if you pull your firearm in public, assuming you had good and justifiable reason to do so, call the police immediately and report on the attacker. Otherwise, the chance of your being on the receiving end of a felony stop whether from your attacker calling the police and claiming to be the victim, or from an eye-witness who misunderstood the situation is quite likely.

Being on the receiving end of a felony stop because you stupidly didn't report displaying your firearm to defend yourself can lead to a situation with fatal consequences should a misunderstanding occur during the stop.

Curiouser and Curiouser: In Livingston Road Rage Shooting A History Of Getting Out Of The Boat And A History Of Violence

It's beginning to look more and more that the Livingston County Road Rage incident was a case of two hot headed idiots playing a stupid game and both losing, one fatally.

This incident reinforces the point - don't get out of the boat, don't play tough guy and confront another driver, and don't be a stupid road-rager on the road, period.

It turns out that the shot and deceased Mr. Fleming had a history of both threatening others and at least one other incident where he got out of his vehicle in a road rage case and confronted another driver and then swung at someone.

The Detroit Free Press: Road-rage run-ins not first for Howell victim, shooter

It was not the first time Derek Flemming confronted another motorist.

He told Livingston County Sheriff's Department deputies that he "grew frustrated" with a driver in front of him who had pulled out onto westbound M-59 from Clark Road, according to a police report that bears both a January 2013 and January 2014 date.

He told police that he honked his horn several times and the driver twice braked "suddenly, almost causing (Derek Flemming) to rear-end the vehicle," the report noted.

Derek Flemming said the other driver eventually "boxed him in" as he made a "Michigan left," so he got out of his vehicle, leaving his wife in the car, and asked the other driver what he was doing, the report noted. [Note the similarity to his actions in the present case]

The police report stated that a physical confrontation occurred and the other driver allegedly pushed Flemming, who fell to the ground, landing on his back and hitting his head.

He also had previously

"became irate and threatened to kill (a deputy) and any Enbridge person who stepped onto his property"

and allegedly launched fireworks at the Enbridge employees.

Meanwhile, Zale similarly has a history of violence and assuming the facts as reported as true, should not have legally had a CPL (concealed pistol license) to be legally allowed to carry a firearm that day:

According to 16th District Court records, Zale is wanted on an outstanding warrant alleging assault and battery for the 2008 incident in Livonia.

A Livonia Police Department report indicates a then-37-year-old Livonia man indicated that he was traveling east on 7 Mile Road and turned onto Farmington Road when Zale also turned onto Farmington from westbound 7 Mile.

The Livonia man said his vehicle was in front of Zale's and that Zale was following "close," prompting the Livonia man to tap his brakes to get the other driver to back off, the report noted. He said Zale followed him as he turned into a McDonald's parking lot and when he got out of his vehicle, a "verbal altercation started."

The Livonia man told Zale that he needed to "drive better or something like that," and that's when Zale struck him on the left side of the head "with a closed right fist," the report noted. He said Zale then left the parking lot.

At least two witnesses also reported to Livonia police that they saw Zale punch the victim with a closed fist and they wrote down his license plate number, which police traced to Zale.

This does bring up an interesting question - with an outstanding warrant for assault and battery, Zale's Concealed Pistol License should have been automatically suspended and he would have had to hand it in to his County Gun Board.

So, did he still have a permit through some oversight or was he in fact carrying illegally and not as a CPL holder as heavily reported at the time of the incident?

Never Get Outa The Boat

A recent incident described as road rage illustrates this point.

The Detroit Free Press: Attorney: Howell road rage gunman drove recklessly before deadly attack

A 69-year-old Howell man had been driving recklessly moments before a deadly confrontation at a traffic light east of Howell during which he shot to death another motorist, according to the attorney representing the victim’s family.

Derek Flemming, 43, and his wife, Amy, had lunch in Howell and were on their way to pick up their two children from the first day of school Tuesday afternoon when their 2014 Ford Escape was cut off by a speeding pickup, attorney William Moore said.

According to police, witnesses told investigators that Flemming got out of his SUV at a stoplight on Grand River at Chilson Road and approached the 2012 Dodge pickup, asking: “What’s your problem?”

The other driver then rolled down his window and shot him, Livingston County Sheriff Bob Bezotte said Wednesday.

While the story as reported, as in many other instances may not quite relate all the facts, nor report them accurately, let's assume it is correct for now.

Assuming they're right the pickup driver just committed murder.

However, you get, as the Freep reports in the article - almost sideswiped by a pickup truck, tailgated by it, and then the same truck then passes ahead and slams on the brakes ahead of the SUV the victim was driving so there's almost an accident.

You then as the innocent SUV driver get out and confront this guy? Not a good idea.

Assuming the SUV driver is blameless in the incident and didn't contribute to it, what did he think he would do to improve the situation by getting out of his SUV and confronting a pickup driver that has already aptly demonstrated to be totally out of control and a clear danger?

Stay in your vehicle, call the police and evade if at all possible, confronting an idiot isn't going to help anything.

You should only get out of your vehicle if your vehicle is not mobile and you're trapped in the location and the attacker is coming towards you. In such a situation getting free of the confines of the vehicle makes sense -the cops don't call the front seat of the patrol car a coffin for nothing. Otherwise, never get outa the boat.