Was the prosecution wrong to imply racism in the case against Jeffrey Zeigler, a white man now serving time for shooting at a black teen who stopped at his house to ask for directions?
And should the Oakland County judge who sent him to prison have to justify why the sentence exceeded state guidelines?
Those questions are being considered by the state’s Court of Appeals after hearing arguments June 5 from Zeigler’s defense attorney, Phillip Comorski, and Oakland County assistant prosecutor Danielle Walton regarding the conviction of the 55-year-old former Detroit firefighter.
An Oakland County jury
found Zeigler guilty in October 2018 of assault with intent to do great bodily harm less than murder and a firearms offense. He was sentenced the following month.
During last Friday’s proceeding, Comorski told the 3-judge panel that now-retired Judge Wendy Potts erred in not ordering a mistrial due to a detective’s testimony, which indicated Zeigler described the teen, Brennan Walker, as a “colored boy” and “colored kid” in Oakland County Circuit Court. Comorski argued that it was later “stipulated what (Zeigler) actually said," and that the “inflammatory remarks” presented by the detective “improperly injected race into the case when it really wasn’t an issue.”
But by then, Comorski said, "the bell (couldn't) be unrung."
“Types of words and language can have serious ramifications in the minds of everyday people, including jurors,” Comorski argued.
He’s also seeking a re-sentencing, and wants the lower court to clarify reasons for departing from state guidelines
for sending Zeigler to prison for 2 to 10 years for the assault. Zeigler is also serving a mandatory 2-year sentence for possessing a firearm in the commission of a felony.
A full sentencing review puts Zeigler at risk of ending up with a longer sentence.
Following Potts’ retirement, the case was reassigned to Oakland County Circuit Judge Jeffery Matis.
Walton argued that during the trial, Zeigler’s defense attorney at the time, Rob Morad, didn’t object to the portions of the detective’s testimony that Comorski said created an issue, nor had he moved for a mistrial. Walton further argued that Potts’ sentencing implied that it reflected statements from the prosecution — such as Zeigler lying under oath about firing a “warning shot” at Brennan when surveillance video showed otherwise, a prior misdemeanor conviction involving a firearm and more.
The April 12, 2018 incident unfolded when Brennan, 14 at the time, went to Zeigler's Rochester Hills house for help after missing his bus and getting lost while walking to Rochester High School. Zeigler’s wife, Dana Zeigler, thought the teenager was trying to break in and screamed for her husband, who responded with his shotgun. Brennan was not shot in the incident.
Zeigler is in the Central Michigan Correctional Facility in St. Louis. His earliest release date is listed as Oct. 8, 2022.
