Jury convicts motorist of Murder 2 in road rage shooting

A Livingston County jury found Martin Zale guilty Thursday of second-degree murder for gunning down another motorist who had stalked up to his truck window in a notorious road rage case.

Zale's attorney said the family plans to appeal the decision by the jury, which also convicted Zale of discharging a firearm from a vehicle and two counts of felony firearm in the fatal shooting Sept. 2 of Derek Flemming as the Oceola Township father of two confronted Zale on Grand River in Genoa Township.

"Understandably, the family doesn't understand the jury's verdict, but they do understand the jury did its job," defense attorney Melissa Pearce said. "They deliberated, and right now they're understandably upset and their biggest question is why this verdict."

As the verdict was read, Zale, who sat at the defense table in a suit next to Pearce, bowed his head into his hands.

"He was shocked," Pearce said. "We highlighted the fact he did feel in fear of great bodily harm or death, but my guess is the jury weighed the credibility and they decided whose story they believed over another. This is not who he is. This event does not define Mr. Zale."

The victim's widow and other family members as well as Zale's family declined to comment following the verdict.

Prosecutor William Vailliencourt said his office is "pleased with the verdict." He said the case was not about gun rights or self-defense, but about an "unjustified shooting of an unarmed man."

"Although nothing can bring Mr. Flemming back to his wife and children, we're grateful the jury held Mr. Zale responsible for his criminal actions," Vailliencourt said. He thanked the Livingston County Sheriff's Office for its handling of the case. "Our thoughts and condolences to the Flemming family. This is a tragic situation for them," he said.

Second-degree murder carries a penalty of up to life in prison. Zale faces sentencing June 5 before Judge Miriam Cavanaugh in Howell.

Zale testified Tuesday that he intended to kill Flemming, who stood at the driver's-side window of his Dodge Ram pickup while it was parked on Grand River Avenue at Chilson Road, 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.

One witness testified that he saw puffiness on Zale's face that could have been from an assault, but neither that witness nor the 14 other eyewitnesses who testified reported seeing Flemming throw a punch at Zale.

While the defense argued self-defense, the prosecution told the jury it was first-degree premeditated murder because Zale was in the safety of his truck and he could have put his window up and left rather than firing his 9mm Ruger semi-automatic handgun. A single gunshot wound struck Flemming in the face, killing him.

Testimony indicated that Flemming approached Zale's pickup to confront him about his alleged erratic driving. However, Zale testified it was Flemming who was driving erratically.

Contact Livingston Daily justice reporter Lisa Roose-Church at 517-552