Lisa Roose-Church

Gannett Michigan

HOWELL – A 69-year-old Howell man was charged with open murder today in the fatal shooting of another motorist earlier this week in a case the Livingston County prosecutor said is not about self-defense nor the right to possess a gun.

Martin Edward Zale is being held without bond after his video arraignment in the death of Derek Flemming, a 43-year-old father of two from Howell. Police and witnesses say Flemming was shot to death Tuesday afternoon when he approached a pickup truck at a traffic light after the driver cut off the SUV he and his wife were traveling in on Grand River Avenue in Genoa Township, just east of Howell.

The Livingston County Prosecutor's Office also charged Zale with two counts of felony firearms and discharge of a weapon from a vehicle.

At a press conference this afternoon, Prosecutor William Vailliencourt said Flemming died of a single gunshot wound to the face from a handgun as he stood next to Zale's pickup truck.

Vailliencourt said he's confident Zale didn't shoot Flemming out of self defense, but "the burden is on us" to prove that beyond a reasonable doubt and it will be up to a jury to decide. You can't shoot someone because you're not happy with them, the prosecutor said.

Although Zale had a permit to carry a handgun, Vaillencourt said the case is not about a citizen's right to possess guns.

"It's about how they use the weapons," he said.

Flemming and his wife, Amy, had eaten lunch in Howell and were on their way to pick up their children from the first day of school Tuesday afternoon when their 2014 Ford Escape was cut off by a speeding pickup driven by Zale, according to attorney William Moore, who is representing Flemming's family.

Flemming, who was unarmed, was shot after approaching Zale's vehicle at Grand River and Chilson Road in Genoa Township. His wife, who watched on in horror from their SUV, was not injured.

According to police, witnesses told investigators that when Flemming approached the 2012 Dodge pickup, he asked: "What's your problem?" The other driver then rolled down his window and shot him, Livingston County Sheriff Bob Bezotte said on Wednesday.

Moore said Derrick's widow is "totally satisfied with the charges."

"She thinks that's what it should have been – murder," Moore said.

Zale, who has a concealed pistol permit, used a pistol in the shooting. His attorney is Melissa Pearce of Milford. He is married and has lived in Livingston County since 1994.

Zale was not asked to enter a plea and did not give one.