Judge: Prior Road Rage Evidence OK at Murder Trial

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Jurors in the Martin Edward Zale road-rage murder trial will be allowed to hear evidence about the driving behavior and demeanor of both Zale and Derek Flemming, the man Zale claims he shot in self-defense last September.

Livingston County Circuit Judge Miriam Cavanaugh ruled Thursday the jury can hear evidence of another, though non-deadly, road-rage encounter involving Zale, as well as testimony describing Flemming as a “hot head” in the trial.

The trial was to have begun Monday, but has been delayed until May, the Livingston County Daily Press & Argus reports in a story published by the Detroit Free Press.

Zale, 69, of Marion Township, is accused of shooting Flemming, the 43-year-old father of two, in the deadly Sept. 2 encounter the two men were stopped on Grand River Avenue at the intersection of Chilson Road in Genoa Township. Flemming had reportedly stepped out of his vehicle and and was confronting Zale about his driving when he was fatally shot.

Charged with open murder and firearms offenses, Zale is expected to argue self-defense.

Assistant Prosecutor Daniel Rose argued Thursday that Zale isn’t entitled to make that argument because four prior incidents show him to be an aggressive driver who ”provoked” others.

Among them was an incident in which a complainant said Zale tailgated his vehicle, followed him into a fast-food restaurant parking lot and then struck him, Rose said.

Three of Zale’s co-workers could testify that he would “race up” to and aggressively pass and cut off other motorists.

Also on this topic:

• Little Girl’s Heartbreaking Discovery after Her Daddy is Killed in Road Rage
• Driver Shoots Another in Apparent Road Rage
• Attorney Arguing Self-Defense in Deadly Road Rage: ‘Whole Story Has Not Been Heard’
• Report: Defendant, Victim Both Had History of Road Rage
• ‘Don’t Go,’ Amy Flemming Recalls Pleading After Deadly Road Rage Shooting

Defense attorney Melissa Pearce told the court widespread media coverage of the case caused witnesses to come forward with information about Flemming’s reputation as an aggressive individual, supporting the defense’s claim that Flemming, not Zale, was the aggressor that day.

Flemming – who had been convicted in a 2013 road rage case – threatened to shoot workers with Enbridge Energy if they came on his property, according to police reports presented by the defense.

Also on Patch:

• Man Whose Sucker Punched Killed Soccer Ref Accepts Plea Deal
• May Trial Date Set for Teen, Adult Boyfriend Accused in Family Murder Plot
• Charges Filed in Alleged Fundraiser Fraud After Murder-Suicide

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File Photo: Derek Flemming, left, and Martin Edward Zale