Macomb County jurors say they’re deadlocked in Sterling Heights slaying case
A Macomb County jury was read deadlock instructions Thursday after the panel told a judge they were unable to reach a verdict in a Sterling Heights murder case.
The four-man, eight-woman jury said in a note, "We are at a standstill in our decision," in the late morning after about nine hours of deliberations over two days in the case of Zachary Holston, 51, who is charged with second-degree murder in the shooting death of his sister, Rita Evans, 54, in the parking lot of their family-owned business.
The jury began deliberating Wednesday morning after the five-day trial ended late Tuesday afternoon in Macomb County Circuit Court in Mount Clemens.
Judge Michael Servitto late-morning Thursday told jurors to continue to try to reach a verdict, which must be unanimous.
"As you deliberate, you should carefully and seriously consider the views of your fellow jurors," Servitto told the panel in the courtroom, reciting the instructions. "Talk things over in a spirit of fairness and frankness. ... You should each not only express your opinion but also give the facts and reasons on which you base it. By reasoning the matter out, jurors can often reach an agreement.
"Do not hesitate to rethink your own views and change your opinion if you decide it was wrong. However, none of you should give up your honest beliefs about the weight or the effect of the evidence only because of what your fellow jurors think or only for the sake of reaching an agreement."
In addition to second-degree murder, punishable by up to life in prison, the jury can consider the lesser offense of voluntary manslaughter, punishable by up to 15 years in prison.
Holston claims self-defense.
Holston shot Evans in the parking lot of Kath Khemicals, a small hand-soap producer located at 19 Mile and Mound roads, shortly before 9 a.m. May 26, 2023 during an argument that became a scuffle over the company's decision to fire Evans on allegations she stole money. Holston was the CEO, and Evans was the chief financial officer.
Holston was tasked by his father, the company owner, with informing Evans and her daughter, Deja Lee, of their firings, and attempted to hand them termination letters that morning.
An angry Evans arrived at the business minutes after being told by Holston over the phone she was being let go.
Evans was accosting him after he exited the building and was walking to his vehicle to leave and had handed Evans her letter, which "she threw back in my face," Holston testified.
The argument turned into a scuffle alongside Holston's pickup pickup truck, as Holston said he was trying to back away. According to Holston, Lee told him they were going "f—" him up and that he wasn't leaving. Lee can be seen in security video attempting to keep the Holston and Evans separated.
Holston pulled out his Glock handgun and held it at his side.
"You ain't the only one that has one," Evans, who was about 10 to 15 feet away, told Holston iin response. She dropped her purse to the ground and began to retrieve her Glock.
Meanwhile, Holston raised his gun and fired at Evans. Evans shot back.
Assistant Macomb Prosecutor Jeff Plymale argued during the trial Holston escalated the incident by pulling out a handgun and shot first as Evans was retrieving the gun. But Holston testified they shot simultaneously, and he shot in self defense because he believed he was in danger and going to be shot by Evans.
Security video from a distance away did not seem to provide conclusive evidence as to whether Holston shot first.
Fifteen shots were fired, 10 by Holston and five by Evans, who was first grazed on the shoulder and then struck in the chest.
Holston immediately fled the scene but remained in the area and was arrested by police who arrived quickly following 911 calls.
Evans was pronounced dead at Beaumont Hospital in Troy.
Plymale also said Holston could have left without pulling out a gun.
He was a reserve police officer in Detroit and Redford, and said he was licensed to carry a gun, which he did regularly since 1997.
Holston has been free after posting a $500,000 bond.
Macomb County jury mulls fate of brother who shot sister in Sterling Heights
