Theft charge dropped at preliminary hearing; murder charge remains
A man accused of killing his adoptive father, a deacon at an Omaha church, will now face trial in district court.
OMAHA, Neb. (WOWT) – Authorities have moved a man accused of murdering his adoptive father, a deacon at an Omaha church, to district court for trial.
Martin Zak, 36, entered Douglas County Corrections last month on a first-degree murder charge. During his preliminary hearing Friday, the court bound the case over to district court.
An Omaha Police detective testified that the morning of March 11 appeared routine.
Mary Zak dropped Martin off at a mental health program before heading to work.
When she returned home that evening, she found the back door forced open.
She called her husband, John, but his phone rang from Martin’s pocket, and he quickly silenced it.
When she told Martin he needed to leave, the situation escalated.
“She says that Martin barges into the bathroom, grabs her by both arms and shoulders, and shakes her vigorously — and says something similar to, you’re not in charge anymore, maybe you need to start listening to me. And she described this, to her, felt like 10 minutes,” OPD Detective Daniel Cleveland explained.
WARNING: The following coverage contains graphic details that may be too disturbing for some viewers.
Investigators found blood throughout the kitchen, staircase, and basement during a search of the home. Outside the back door, they discovered a black tote with a yellow lid.
Inside was a dismembered torso, while additional body parts were located in the attic.
Authorities determined the cause of death to be a stab wound to the chest.
Surveillance footage tracked Martin’s movements that day. A witness testified that Martin picked him up that evening in John’s car, handed him a note, and said: “John’s gone. And I’m going away for a really long time.”
The defense argued that evidence does not show premeditation, noting the limited time Martin was alone with John and the presence of only two stab wounds.
“Stab wounds do not presume premeditation. There were only two stab wounds, not 25. He could not have known Mary would not be present in order to form that premeditated intent,” Defense Attorney Annie Peterson said.
The judge found probable cause for first-degree murder, use of a weapon, and flight to avoid arrest.
Martin Zak will stand trial in district court and remains held without bond.
The court dismissed one charge Friday due to insufficient evidence: theft by unlawful taking of $5,000 or more. That charge stemmed from allegations that he took his father’s car, which was later involved in a pursuit.
Prosecutors allege that Zak fatally stabbed 69-year-old John Zak at his home near 36th and Cass streets. John Zak served as a deacon at Saint Peter Catholic Church.
Zak still faces charges of first-degree murder, use of a deadly weapon to commit a felony, and operating a motor vehicle to avoid arrest. If convicted, the murder charge carries a possible life sentence.
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