An assistant Macomb County prosecutor asked a jury Tuesday to convict a 51-year-old man of murder for killing his sister during a shoot-out in the parking lot of the Sterling Heights business because he pulled out the gun first, pointed the gun first and fired the gun first.
Assistant Prosecutor Jeff Plymale told jurors in Macomb Circuit Court they should find Zachary Holston III guilty of second-degree murder in the 2023 shooting death of Rita Evans, 54, outside their family business, Kath Khemicals, at 19 Mile and Mound roads during a confrontation over Evans and her daughter being fired.
The request came during closing arguments of a trial that began Sept. 10 in front of Judge Michael Servitto.
The jury, which was to begin deliberating Wednesday, also can consider voluntary manslaughter, punishable by up to 15 years in prison compared to a term of up to life for second-degree murder. Second-degree murder involves and intent to kill, seriously injure or create a high risk of serious injury while manslaughter involves a defendant’s state of mind being impacted by “emotional excitement,” Plymale said.
Holston of Farmington Hills is claiming self defense. He testified Tuesday morning, “My sister was trying to shoot me and I had to stop her from shooting me.”
He testified he was being “attacked” his sister and niece, Deja Lee, moments before the shooting.
“I really thought I was in danger after the attack, and she (Lee) told me she was going to f— me up and I wasn’t going to leave,” he said. Holston said he initially took out the gun “to be available but hoping I didn’t have to use it.”
Holston at times got emotional and wept during his testimony, noting he is “devastated” and “sad” he killed his sister.
Several family members attended the proceedings.
The incident occurred shortly before 9 a.m. May 26, 2023, two days after the owners of the small soap-making company decided that Evans and Lee should be fired due to alleged theft. The company was 90% owned by Holston’s father, Zachary Jr. Evans was the chief financial officer, and Holston was the CEO tasked with informing them.
Holston said Evans “blew up and started screaming on the phone” minutes before the incident when he called her to inform her of her firing, and he gleaned “an ominous tone” from her.
An enraged Evans quickly arrived in the parking lot where she confronted Holston, who attempted to give termination papers to her and Lee before he planned to leave and go to the company’s bank for a meeting.
The three-person argument escalated to shoving outside the passenger side of Holston’s pickup truck, where Evans tried to reach in and grab company documents from the front seat and Holston closed the door, according to testimony and security video of the incident. They exchanged shoves, and Holston claimed Evans choked him by putting he arm around his neck, although that was disputed by Plymale as the video does not clearly show that. Lee attempted to keep the pair separated, directing most of her efforts at Holson, who was backing up, putting out his hand saying, “Don’t, stop” and “stay back,” telling them he was leaving.
As he stepped back, Holston, a former reserve police officer, pulled out a Glock handgun, one of two handguns he typically carried, from his sweatshirt pocket and held it at his side.
Evans, who was about 10-15 feet away, responded, “You ain’t the only one with one of those,” referring to a handgun, dropped her purse to the ground and pulled out a Glock and cocked it, according to testimony and security video of the incident.
Plymale said the video that includes Lee’s reaction proves Holston pointed his gun at her and fired before Evans pointed her gun. Lee, who was between the pair but off to the side, reacted to the first shot by putting her hands to her face while Holston is pointing his gun at Evans, who has not yet raised her gun, he said.
“That reaction you see out of Deja, that first sound of gunfire, he’s firing first,” Plymile told jurors. “But that’s a decision you gotta make as a jury. You can watch this. You can make this decision. You’re the trier of fact.”
The video, when viewed from a distance, does not show obvious signs of gunfire, though Plymile told jurors they may be able to decipher it upon close inspection.
Plymale noted Holston kept firing even as he tripped backward to the ground, as Evans had started firing on him.
“He unloads his clip at his sister,” Plymiae said. “It’s very clear he’s firing at her, intending to kill her.”
Of 15 shots were fired, 10 were fired by Holston and five were fired by Evans, the assistant prosecutor said.
Plymale added that Holston’s actions fall short of self-defense because he brandished the gun to threaten Evans and didn’t need to use deadly force in response to Evans’ shoving.
“He’s bringing a gun to a shoving match. It’s way excessive use of force,” he said.
Holston shouldn’t be afraid of physical attacks from the two women because he is much larger than they are, Plymale said. Holston testified he is a black belt in “Brazilian jiu-jitsu.”
Holston also was a reserve officer in Detroit and Royal Oak Township, and received firearms training. Holston said he has been carrying two firearms since 1997.
Plymile contended Holston, who kept telling Evans and Lee he wanted to leave, had other options to pullng out a gun. He could have walked around to the driver’s side of his truck and drove away. Or, he said, he could’ve re-entered the company’s building, where it would be safe because he was the only one with keys to the new locks that were installed due to the firings.
After the shooting, Lee initially went at Holston but then turned around and went to her vehilce to retrieve her gun, although she did not pursue Holston. Holston ran through the parking lot and entered a vehicle driven by Kathryn Armstrong, the company’s chief operations officer. Armstrong drove away and dialed 911, and gave the phone to Holton to talk to a dispatcher.
Holston told the dispatcher, “They are running at me with guns.”
Pymale said that exaggerated depiction shows Holston “was already massaging his story to his favor.”
“He’s already starting to formulate a defense,” he said.
Holston told police detectives several times he was a reserve officer in an attempt to gain favor, he said.
In his closing argument, Holston’s attorney, Gerald Evelyn, insisted that Holston and Evans “fired simultaneously” as they pointed guns at each other.
Evelyn blamed Evans for her angry aggression toward Holston.
“She kept arguing with him, cursing, hollering screaming,” he said. She also was described by a witness as “frantic,” he said.
Meanwhile, Holston’s demeanor was described as “stern” by Evans’ husband, Maurice, who witnessed the incident and the events leading up to it.
“He (Holston) was not feeding that frenzy,” Evelyn told jurors.
During the confrontation, Evans’ comment of, “You ain’t the only one that got one,” in reference to her gun, is “not a statement of fear; that’s a statement of anger,” Evelyn said.
Evelyn also pointed out Holston was “not happy about having to terminate” Evans and Lee.
“This was something that was very troubling to him, disturbing,” he said.
Other witnesses testified Holston was “heart broken” by the firings, Evelyn noted.
Holston only minutes before the shooting told Maurice Evans they were “family,” and that he loved him and they “would get through this,” in reference to the firings, Mr. Evans testified, according to Evelyn.
Holston is married and the father of two adult children.
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