Man Could Spend Rest Of Life In Prison For Road Rage Murder
HOWELL (WWJ/AP) - A 69-year-old man who insists he shot another driver in self-defense is returning to court for his sentence for second-degree murder.
Martin Zale's will be in Livingston County court Friday, a week after his trial was delayed because he hired a new attorney.
Zale claimed he shot Derek Flemming in self-defense last September during a confrontation at a stop-light on Grand River Avenue at Chilson Road in Genoa Township.
A jury in May rejected first-degree murder but convicted Zale of second-degree murder, which carries a sentence up to life in prison but offers a chance at parole.
Witnesses say Flemming walked up to Zale's pickup truck to complain about aggressive driving while both were stopped in traffic. Zale, who took the stand in his own defense, said Flemming was "hitting" or "pounding" on his truck, so he put his window down and asked what he was doing. Flemming hit him through the window while yelling and screaming that he was going to beat him.
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"As he's yelling all this, he's reaching in my truck," Zale said.
Under cross-examination, Zale acknowledged he meant to kill Flemming.
"When you pulled that trigger, you had every intention to kill that man at that moment, correct?" assistant prosecutor Daniel Rose asked.
"I was defending myself," Zale said.
Rose told Zale that was not the question he asked.
"You had every intention to kill that man when you pulled the trigger, correct?" Rose asked.
"Yes," Zale said.
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The prosecutor said Zale had "4,000 pounds of protection" – a Dodge Ram pickup. He said Zale should have kept the window up or driven away if he feared the 43-year-old Flemming, and the jury agreed.
On top of second-degree murder, Zale was found guilty of two counts of felony firearms as well as a charge of weapons discharge.
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