Judge Denies Bond Request In Michigan Road Killing, Says Shooter Could Be A Danger
HOWELL (WWJ/AP) - A judge has denied a defense request Tuesday to release on bond a 69-year-old man charged with killing a motorist in what Michigan authorities said was a case of road rage after learning about a previous incident.
Howell District Court Judge Carol Sue Reader scheduled a preliminary examination for Martin Zale to determine if the case will go to trial.
Zale, who is held without bond, is charged with an open count of murder in the Sept. 2 shooting death of 43-year-old Derek Flemming in Livingston County.
Flemming's wife has said her husband was shot in the head after getting out of his vehicle to ask why Zale was driving aggressively.
Defense lawyer Melissa Pearce made a request to change Zale's bond, but that was denied after Assistant Prosecutor Daniel Rose informed the court about Zale's 2008 road rage case in Livonia, where Zale told police in a statement that he slapped a then-37-year-old man.
Judgee Reader said Zale could be a danger to the public.
"We were hoping to get his bond reduced from no bond to at least something that would be set with a GPS tether," Pearce told reporters. "Unfortunately, as you heard, the judge didn't grant the motion."
Zale has a heart condition and no criminal record, according to Pearce. There was a bench warrant out for his arrest in the 2008 incident, but Pearce said her client didn't know about it.
Zale's family issued a statement on Tuesday, saying they can't discuss details of the case, according to the Livingston County Daily Press & Argus of Howell.
"However we don't want our prior silence to be misinterpreted as inconsiderate behavior or denial of this tragic incident that will deeply scar two families forever," the statement said, adding later, "We stand united and strongly believe that when all the facts of this case are disclosed to an impartial jury."
The family, meantime, released to the media a photo of a smiling Zale.
Pearce has indicated she will argue self-defense if the case goes to trial.
Zale will remain jailed until his next court date, set for Nov. 21.
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