Martin Edward Zale Shot Derek Flemming In The Face And Killed Him Over Road Rage.

[China]

4:30 p.m. UPDATE: Livingston County Prosecutor William Vailliencourt expressed his condolences to the Flemming family during a 4 p.m. press conference today. He also said this case is not about a citizen's right to possess guns.

[...]

Vailliencourt said he's confident the suspect, Martin Edward Zale, wasn't reacting in self-defense when he shot Derek Flemming once in the face as the 43-year-old father of two stood outside Zale's pickup truck on Tuesday following a road rage incident. He said a jury will decide if there was a reasonable threat of imminent harm from Martin Edward Zale's viewpoint.

Vailliencourt said you can't shoot someone because you're not happy with them.

An exam conference will be held Tuesday.

2:20 p.m. UPDATE:

Martin Edward Zale, 69, of Howell, was arraigned this afternoon on a charge of open murder for fatally shooting a 43-year-old father on Tuesday on Grand River Avenue just outside Howell.

The Livingston County prosecutor's office also charged Zale with two counts of felony firearms and discharge of a weapon from a vehicle.

Zale will remain in the Livingston County Jail because the magistrate did not allow any bond.

Derek Flemming and his wife, Amy, were on their way to pick up their children from the first day of school when they became involved in a road rage incident at 3:35 p.m. Derek Flemming, who was unarmed, was shot after approaching Zale's vehicle at Grand River and Chilson Road in Genoa Township.

William Moore, attorney for Flemming's widow, said Derek's mom is "totally satisfied with the charges."

"She thinks that's what it should have been – murder," Moore said.

Zale, who has a concealed pistol permit, used a pistol in the shooting. His attorney is Melissa Pearce of Milford. He has lived in Livingston County since 1994, and his wife is a breast cancer survivor.

[...]

"It all just happened in a blink of an eye," said William Moore, a Pinckney attorney representing Flemming's widow. "It's a road-rage issue.

[...]

Moore said he has a private investigator looking into Zale's background, but he did not expect a report until today at the earliest.

[...]

Witnesses immediately began calling 911, reporting that "somebody shot someone with a gun out of the driver's window" and the victim was lying on the ground.

Witnesses indicated that the younger man appeared to be "upset" or "angry" as he approached the vehicle, but investigators believe there was no physical contact between the men.

[...]

Bezotte said the matter is in the prosecutor's hands and he referred further comment to Prosecutor William Vailliencourt, who said his office had not received the completed police report Wednesday as detectives were still interviewing possible witnesses.

The elderly man remains jailed, but Vailliencourt has not speculated on what, if any charges, will be authorized.

Bezotte said the elderly man did not make a statement to police, instead asking for a lawyer. Who is representing the alleged shooter was not immediately known.

Bezotte said at least one attorney had visited the new inmate, but that attorney is not taking the case. The sheriff did not identify the attorney.

At least four bystanders at the scene who indicated they were witnesses declined to comment.

[...]

http://www.livingstondaily.com/stor...y-slain-mans-children-asking-father/15041993/

 

[Satanica]

Bezotte said the elderly man did not make a statement to police, instead asking for a lawyer. Who is representing the alleged shooter was not immediately known.

Sounds like he knows he screwed up.

 

[JPowell]

stupid gun happy fool

 

[Chinchillazilla]

Vailliencourt said you can't shoot someone because you're not happy with them.

 

[NoBS]

Would love to know who signed the a certificate of completion on pistol safety training course, as required by Michigan law.
Snagged from the horses mouth:
The program complied with the requirements of the law by providing instruction in, but not limited to, all of the following:

• • • The safe storage, use, and handling of a pistol including safe storage, use and handling to protect a child,
    • Ammunition knowledge, and the fundamentals of pistol shooting,
    • Pistol shooting position,
    • Firearms and the law, including civil liability issues,
    • Avoiding criminal attack and controlling a violent confrontation,
    • All laws that apply to carrying a concealed pistol in this state,
    • At least 8 hours of instruction, including 3 hours of firing range time.

 

[Chinchillazilla]

Would love to know who signed the a certificate of completion on pistol safety training course, as required by Michigan law.
Snagged from the horses mouth:
The program complied with the requirements of the law by providing instruction in, but not limited to, all of the following:

• • • The safe storage, use, and handling of a pistol including safe storage, use and handling to protect a child,
    • Ammunition knowledge, and the fundamentals of pistol shooting,
    • Pistol shooting position,
    • Firearms and the law, including civil liability issues,
    • Avoiding criminal attack and controlling a violent confrontation,
    • All laws that apply to carrying a concealed pistol in this state,
    • At least 8 hours of instruction, including 3 hours of firing range time.

Sounds about like my hunter education course, except obviously we didn't talk much about the legal consequences of shooting people.

Not that there's any excuse for rage-shooting someone, but it makes even less sense to me if dude had to take a course on, among other things, how to not murder people.

 

[JPowell]

a true coward someone take any kind of move toward them and they do stupid shit like this....the old guy knew he was probably at fault in whatever accident had happened and he fired because he knew he deserved to be confronted over whatever had happened...i doubt the victim had violent intentions...it did say he was completely unarmed

 

[NoBS]

Sounds about like my hunter education course, except obviously we didn't talk much about the legal consequences of shooting people.
Not that there's any excuse for rage-shooting someone, but it makes even less sense to me if dude had to take a course on, among other things, how to not murder people.

Just hope this comes up in the courts. To me, the instructor is not legally liable if they can produce documentation that gun happy road rage jerk took the course. But they are morally and ethically liable for verifying the idiot was informed and trained, even if on a pro bono type of agreement. (Gun stores and expedited CC options come to mind)
That and the power of public humiliation for the issuer.
It will force the instructors/certificate issuers to understand their responsibility. That they are the most important defense to stop wing nuts from getting a CC. It's got every thing to do with face time to gauge competency of the applicant and accountability of the issuer.

 

[NoBS]

a true coward someone take any kind of move toward them and they do stupid shit like this....the old guy knew he was probably at fault in whatever accident had happened and he fired because he knew he deserved to be confronted over whatever had happened...i doubt the victim had violent intentions...it did say he was completely unarmed

Not defending the idiot, but at his age, the victim would have needed both limbs removed for it to be an even fight to justify the age difference... wait for it... at the crusty age of 69.
I'm getting there, so I'm not that BIG of an asshole!
What the hell am I saying! Fuck reality!
I'm a more than happy to be an immature know it all asshole AND Bullshitter!

 

[Keepalowprofile]

So sad for the Flemming family.

I hope justice is served.

 

[bowling68]

The trial for a Marion Township man accused of murder in a fatal road-rage incident will begin Monday in Howell.

Martin Edward Zale is charged with open murder for fatally shooting Derek Flemming in September when Flemming approached Zale's pickup on Grand River Avenue just east of Howell.

Zale also is charged with discharging a weapon from a vehicle and two counts of felony firearms for fatally shooting Flemming of Oceola Township on Sept. 2.

Defense attorney Melissa Pearce declined to comment after this morning's hearing.

Pearce and the assistant prosecutor met with the judge in chambers, then on the record hashed out last minute details regarding the questions that will be asked of prospective jurors. Some of the questions will highlight prospective jurors' attitudes, experience and bias about driving habit

http://www.freep.com/story/news/2015/05/01/road-rage-martin-zale-derek-flemming-howell/26706493/

 

[JackBurton]

Old people are fucking scum

 

[Exodus]

William Moore, attorney for Flemming's widow, said Derek's mom is "totally satisfied with the charges."
"She thinks that's what it should have been – murder," Moore said.

Not Siding with anyone or calling right or wrong, Just pointing out how stupid i find remarks like these and how they are so often placed into such stories. It was the guys mother! Of course she would say that! Hell if her son instigated it, was armed to the teeth, chased him into the woods with the intent to kill and the other guy did in fact exercise in self defense she would "Still" be stating the same thing...... I know side rant...

 

[thatsmallgrl]

June 12, 2015

The Marion Township man who shot to death a father of two during a road-rage incident in September was described Friday as "the worst kind of danger" for a community.

Judge Miriam Cavanaugh told Martin Edward Zale that he has shown no remorse or emotion of any kind for the Sept. 2 fatal shooting of Derek Flemming, who confronted Zale, 69, on Grand River Avenue at the Chilson Road intersection in Genoa Township following a road-rage incident.

"What I also find very tragic about this situation, Mr. Zale, is your disregard for human life," the judge said. "You went about your day almost looking for conflict, not trying to avoid it, but provoking it and after sitting here and listening to the testimony, I left this bench with the firm conviction that you were a shooting waiting to happen.

"If it hadn't been Mr. Flemming, it would have been someone else," Cavanaugh said as Zale subtly shook his head no. "You don't have to agree with me. I don't expect you to and I do find based on the evidence ... this killing is in no way justified. ... There is no legal or moral justification for your actions. I do find that you pose the worst kind of danger to our community. Not the kind of danger or fear that people have of something happening in the middle of the night or the darkness, but one no one sees coming."

Cavanaugh sentenced Zale to 25-50 years for second-degree murder and 32 months to four years in prison for discharing a firearm from a vehicle. The judge also sentenced Zale to serve a two-year sentence for related felony firearms convictions, which runs consecutive to the murder charge for a minimum total of 27 years.

Cavanaugh also ordered that he pay $4,160 in restitution for funeral services for the victim.

Zale declined to comment prior to sentencing on the advice of his attorney, Marcus Wilcox, who asked the judge for leniency. The Howell defense attorney declined to comment about the sentence after court, but he confirmed that Zale's appeal "is already started."

Prosecutor William Vailliencourt called the sentence "appropriate."

"Nothing can undo the horrible pain the defendant inflicted on the Flemming family by taking away a husband, son, and father," he said. "For a man of the defendant's age, this is essentially a life sentence, as it should be."

Zale testified at his trial in May that he intended to kill Flemming, who stood at the driver's-side window of Zale's Dodge Ram pickup while it was stopped at the red light, but he said it was in self-defense because Flemming hit him in the face, threatened to harm him and reached into his cab as if to carry out the threat. No witnesses reported seeing Flemming throw a punch at Zale.

Assistant Prosecutor Daniel Rose said the case is not one of self-defense, or "stand your ground," because that law "still reflects the value of human life" and Zale did not. Deadly force, he said, may be used only to protect against the threat of imminent death or great bodily harm and that did not exist in this case.

"The defendant rolled down his window and shot an unarmed man in the face from the safety of a 4,000 pound truck," he said. "A very thorough jury spent three days examining his claim of self defense and concluded it was just not true. ... Your sentence serves as a reminder of the responsibility that goes with the right every citizen has to bear arms. That responsibility is to know the law and how it applies. ..."

http://www.livingstondaily.com/story/news/crime/2015/06/12/martin-zale-sentenced/71136314/