A Macomb County judge halted the start of a murder-case retrial Wednesday because the defendant disrupted proceedings by yelling from a nearby room after being removed for disrupting proceedings.

Circuit Judge Matthew Sabaugh told a 14-person jury to go home for the day Wednesday afternoon seconds after Assistant Macomb Prosecutor Richard Nelson began his opening statement and the defendant, Jerry Motley Jr., could be heard yelling indecipherably from the room where he was watching proceedings.

A half hour earlier, Nelson’s prior attempt to begin his opening statement was stopped due to Motley’s interruptions.

“Judge, may we excuse the jury?” Nelson said less than 30 seconds into his second opening comments after pausing when Motley’s yelling permeated the walls.

Sabaugh briefly consulted off-the-record with Nelson and defense attorney Robbie Lang, then told the jury, “I hate to do this at this time but circumstances give the court no other option. I’m going to release you for the day.”

Motley’s comments in front of the jury during case proceedings could prejudice them against Motley, Lang said.

The judge told jurors to return Thursday afternoon, when Motley will be situated in a remote location to observe proceedings.

Motley Jr., 32, of Clinton Township, is claiming insanity for his murder and attempted-murder charges in the 2018 shooting death of Thomas Badke, 61, owner of the now-defunct Reliable Fence Co. in Clinton Township, and wounding of co-worker Angelo “Joe” Micale.

Motley’s 2019 convictions in the case were reversed by Sabaugh in 2023 when the judge ruled his prior attorney was ineffective in presenting an insanity defense.

Opening statements were scheduled for 1 p.m. Wednesday but at that time Motley first complained to Sabaugh he was not offered a plea deal in the case.

When Motley interrupted Sabaugh, the judge said, “You’re not going to interrupt proceedings.”

Motley replied, “I can interrupt proceedings when I want to.”

Motley made a vulgar remark about being treated unfairly, said his constitutional rights were violated, and then indicated he did not want to be present and wished to watch the trial on video.

“I don’t want to be seen, and I don’t want to see nobody (in person),” Motley said.

Noting Motley was in an “agitated state” and could disrupt proceedings, Sabaugh tried to swear him in and formally asked him to waive his presence. But Motley refused to raise his right hand or answer questions, so he remained in the courtroom for Nelson’s initial attempt at openings.

Two or three minutes into that statement, Nelson told jurors Motley “brought a gun to work that day.” And Motley blurted out, “I sure did.”

Sabaugh warned him from speaking out, and Motley contended, “I wasn’t interrupting, I was agreeing.”

When Nelson said Motley “brought a gun and and a plan, a plan he had been working on for months.” Motley said, “Months?” and Sabaugh stopped proceedings.

With input from an appeals specialist, Assistant Macomb Prosecutor Emil Semaan, Sabaugh ruled he had the authority to remove Motely from the courtroom.

At that point, Motley said he wanted to plead guilty to all of the charges, against the adamant advice Lang. After the pair met in private, Motley agreed he would watch in another room, and they created a system in which Lang would go to him after he questioned each witness to see if Motely wanted him to ask additional questions.

As Motley left the courtroom with the jury not present, he gave a saluting gesture to more than 15 family and relatives of the victims seated in the courtroom gallery and said, “Have a nice life,” an action called “disrespectful” by Sabaugh.

A county information technology employee worked with Sabaugh’s staff to set up the room for Motley to watch over Zoom video in the Mount Clemens courthouse, but when Nelson started again at about 3 p.m., Motley created the second disturbance.

The trial is expected to last at least two weeks.

The shootings occurred shortly after 9 a.m. Jan. 9, 2018, when Motley arrived at the Groesbeck Highway business and first shot Micale twice in the torso and, during a struggle with two employees over his gun, shot Badke in the head. Motley posted his actions before and after the incident on Facebook Live.

Motley worked at Reliable Fence for about a year but knew the owners previously. He believed he was being racially bullied, particularly by Micale, and blamed Badke for not stopping it. Motley was the only Black employee among about 15 workers at the shop.