Attorney to Argue Self-Defense in Deadly Road Rage: 'Whole Story Has Not Been Heard'

An attorney representing Martin E. Zale, 69, said Tuesday she will argue self-defense. (Livingston county Jail photo)

__________

The man charged with shooting the father of two in the face last week in a deadly road rage encounter acted in self defense, his lawyer said Tuesday.

Martin Edward Zale, 69, charged with open murder in the Sept. 2 killing of Derek Flemming, 43, appeared briefly before Howell 53rd District Court Judge Susan Ann Reader Tuesday before his hearing was adjourned until Oct. 7

That will give Zale’s lawyer, Melissa Pearce, more time for discovery.Her stragegy could center on the fact that Flemming got out of his SUV to confront Zale, who reportedly had been driving aggressively the Detroit Free Press and The Detroit News are reporting.

In a news conference, Pearce declined to answer specific questions about why she thinks Zale felt his life was in danger, saying she didn’t want to taint potential jurors. “The whole story has not been heard,” she said of the encounter, which ended with Flemming dead in the middle Grand River Avenue in Genoa Township.

Related:

• Little Girl’s Heartbreaking Discovery after Her Father is Killed in Road Rage Incident

What happened on the road that day has profoundly affected two families. As Flemming’s widow, Amy, struggles to explain the tragedy to her and Derek’s two children, members of Zale’s family are also stunned, Pearce said, adding that social media reaction has been polarized against her client.

She described Zale was a loving husband and father and respected community member. “They (Zale’s family) are completely shocked by this – it’s not of his character,” Pearce said.

At the news conference, Pearce asked anyone who might have witnessed the shooting to contact her office.