Wednesday, May 13, 2015

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.

1 comment:

Dan said...

Convicted of 2nd Degree. I'm not surprised by it, based on what one of the cops I know said early on. He didn't go into detail, but he said the early media story was "pretty much" accurate.

Jury didn't buy that Fleming hit him.