Accused road-rage shooter found guilty in Michigan

LIVINGSTON COUNTY, Mich. — A Michigan man was found guilty of second-degree murder Thursday for gunning down a man who had approached his truck window while he was parked in a road-rage case.

Martin Zale, 69, had maintained he fatally shot Derek Flemming in a case of self-defense. Flemming, 43, was shot after he confronted Zale about aggressive driving.

Zale's attorney said the family plans to appeal the decision, which also convicted Zale of discharging a firearm from a vehicle and two counts of felony firearm in the fatal Sept. 2 shooting of Flemming near Howell, Mich.

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

As the verdict was read, Zale 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 after 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," the prosecutor said. "Our thoughts and condolences to the Flemming family. This is a tragic situation for them."

Zale testified Tuesday he intended to kill Flemming, who stood at the driver's-side window of his Dodge Ram pickup while it was parked, but said it was in self-defense because Flemming hit him, threatened 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 could have put his window up and left the area rather than firing his 9 mm 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 had gotten out of his car to speak with Zales, who was driving erratically.

The jury, which received the case Tuesday, considered first-degree murder, which carries a mandatory life sentence, but convicted Zale of second-degree murder. He could still face a long prison term as second-degree murder can carry any number of years in prison. Zale is to be sentenced June 5.

Contributing: The Associated Press.