Man who shot an un-armed man over road rage to use Michigan’s “Stand Your Ground” defense

[eridani]

http://www.dailykos.com/story/2014/10/08/1335172/-Man-who-shot-an-un-armed-man-over-road-rage-to-use-Michigan-s-Stand-Your-Ground-defense

On September 2nd, Derek Flemming, a 43-year old married father of two young children was driving with his wife in Livingston County to pick up their kids when a pick-up truck nearly t-boned them as they drove down Grand River Avenue. Instead, the truck swerved and cut them off. The truck driver then slammed on his brakes and was clearly messing with Flemming. When they arrived at a stoplight, Flemming got out of his car and approached the truck which was being driven by Martin Edward Zale.

Zale then rolled down his window, pulled out a pistol, and shot Flemming, who was unarmed, in the face, murdering him in front of his wife.

[napi21]

1. IMO he can use whatever law he wants, the SYG wont work in this case!

He had lots of other options. When the stop light changes, he could have just drove off. He could have kept the window of his truck up and just watched Mr. Flemming rant and rage outside while he remained inside the of the security of vehicle. I see this turning out the same as the most recent case in Fla. The shooter is now living in his cell!

Maybe if there are enough of these cases decided by rational jurors and the shooter gets punished, the "cowboys" will realize they just can't play a wild west gunslinger and get away with it.

[Cali_Democrat]

2. I had a recent road range encounter

I accidentally cut some guy off. I waved my hand as if to say I'm sorry. He was honking and he was very angry.

It was an honest mistake on my part.

But then when traffic was stopped he got out of his car to confront me. I got out of my car. Clearly he was taken aback as he thought he could intimidate me. I'm a pretty big guy and I workout often. I have no doubt that I probably would have pummeled him and he knew it.

But then as I was driving away the thought occurred to me that he could have had a gun and blasted me and there's nothing I could have done. I'd be dead all because I accidentally cut some guy off on the road. Then he would claim self defense.

The NRA and their guns everywhere mantra has destroyed this country.

[davidpdx]

6. Thank god there are no guns here in South Korea

You don't see that kind of thing here.

[Cali_Democrat]

7. Yup....

It's uniquely American.

[Purveyor]

3. And he will fail. Flemming wasn't brandishing any type of weapon that could

be considered a 'threat' to Zale, who was safely secured in his vehicle.

[Downwinder]

4. Does SYG apply to a Civil case?

[Union Scribe]

5. He rolled down the window.

That's proof he didn't feel threatened. I hope the raging asshole rots in jail.

[etherealtruth]

11. He was reportedly involved in a road rage case in 2008 ...

... in a nearby community.

http://www.freep.com/story/news/local/michigan/2014/10/07/road-rage-shooting/16844745/

Rose objected, reading a Livonia Police Department report that indicated Zale has an outstanding arrest warrant against him for assault and battery in the 2008 Livonia road rage incident there that is "strikingly similar" to the Livingston County case.

According to the Livonia Police Department report, Zale told officers there that he thought another motorist "was about to swing at me" during an argument.

edit: to ad link and excerpt

[world wide wally]

8. I hate to say it but it may depend on the race of the two men

[etherealtruth]

10. Both caucasian

[sakabatou]

9. That's murder, not self-defense