Lisa Roose-Church

Gannett Michigan

Both men in a Sept. 2 fatal road-rage incident were involved in previous similar cases.

Both the man accused of murdering a Livingston County man during a road-rage incident and his alleged victim were involved in previous similar — but not deadly — cases and other brushes with the law, according to police reports obtained by Gannett Michigan.

Martin Zale, 69, of Howell, charged with open murder and related firearms charges in the Sept. 2 fatal shooting of Derek Flemming near Howell, wrote in a November 2008 statement for the Livonia Police Department that he thought another motorist "was about to swing at me" during an argument after an alleged road-rage incident there.

"He and I were both out of our cars yelling at each other, and he suddenly turned," Zale wrote. "I thought he was about to swing at me.

"I swung and slapped him on the side of his face. I regret this ever happening and am glad that he was not hurt," Zale added. "I believe that I learned a valuable lesson and will try not to let things like this bother me."

Meanwhile, Flemming of Oceola Township allegedly threatened in 2012 to shoot Enbridge Energy workers or "anyone" who came on his property, according to police reports obtained through the Freedom of Information Act.

The 43-year-old father of two also was a victim in a 2013 road-rage incident, according to the reports.

But none of that warranted Flemming's death, said Mort Meisner, who spoke on behalf of Flemming's widow.

"That really has nothing to do with the fact that he was shot dead, cold-blooded on Grand River (Avenue), by a guy, a crazed man with a gun," Meisner said Tuesday.

Livingston County Prosecutor William Vailliencourt and defense attorney Melissa Pearce both declined to say whether, and how, the history of the victim or the defendant will play a part in the prosecution or the defendant's claim of self-defense.

According to 16th District Court records, Zale is wanted on an outstanding warrant alleging assault and battery for the 2008 incident in Livonia.

A Livonia Police Department report indicates a then-37-year-old Livonia man indicated that he was traveling east on 7 Mile Road and turned onto Farmington Road when Zale also turned onto Farmington from westbound 7 Mile.

The Livonia man said his vehicle was in front of Zale's and that Zale was following "close," prompting the Livonia man to tap his brakes to get the other driver to back off, the report noted. He said Zale followed him as he turned into a McDonald's parking lot and when he got out of his vehicle, a "verbal altercation started."

The Livonia man told Zale that he needed to "drive better or something like that," and that's when Zale struck him on the left side of the head "with a closed right fist," the report noted. He said Zale then left the parking lot.

At least two witnesses also reported to Livonia police that they saw Zale punch the victim with a closed fist and they wrote down his license plate number, which police traced to Zale.

When Livonia police called Zale on Nov. 10, 2008, he told them he "simply shoved the complainant as he was protecting himself," the police report said.

It was the driver of a van who "pulled in front of me without signaling and slammed on his brakes," according to his statement. Zale alleged that it was he who asked the Livonia man "what he was thinking" and the Livonia man "proceeded to yell and scream."

Flemming's widow, Amy Flemming, has told authorities that she and her husband thought Zale was going to crash into their vehicle when he came fast down a side street toward their 2014 Ford Escape on Grand River Avenue the afternoon of Sept. 2.

She said Zale cut them off in traffic as he moved in front of them on Grand River and her husband commented, "What is wrong with him?" She said when they stopped at a traffic light, her husband got out of the vehicle.

Police said witnesses reported that Derek Flemming approached Zale's 2012 Dodge Ram pickup at the stoplight.

Witnesses said Flemming was not armed when he approached the car, and he did not make any verbal threats.

Meisner reiterated Tuesday that there is "no possibility" that Derek Flemming approached Zale's vehicle in anger, frustration or irritability because his widow was there "and she knows what she saw."

"She watched her husband and father of her kids get shot in the face by a crazed gunman," the attorney said.

Vailliencourt said the investigation showed that Zale put his window down and shot Derek Flemming once in the face.

It was not the first time Derek Flemming confronted another motorist.

He told Livingston County Sheriff's Department deputies that he "grew frustrated" with a driver in front of him who had pulled out onto westbound M-59 from Clark Road, according to a police report that bears both a January 2013 and January 2014 date.

He told police that he honked his horn several times and the driver twice braked "suddenly, almost causing (Derek Flemming) to rear-end the vehicle," the report noted.

Derek Flemming said the other driver eventually "boxed him in" as he made a "Michigan left," so he got out of his vehicle, leaving his wife in the car, and asked the other driver what he was doing, the report noted.

The police report stated that a physical confrontation occurred and the other driver allegedly pushed Flemming, who fell to the ground, landing on his back and hitting his head.

Two separate Livingston County Sheriff's Department reports indicate that deputies were called to the Flemming family home twice in September 2012 when Derek Flemming became upset that Enbridge Energy company employees were on his Argentine Road property.

In a Sept. 6 report, it is alleged that Flemming "became irate and threatened to kill (a deputy) and any Enbridge person who stepped onto his property" when an Enbridge representative wouldn't halt work until his wife could get a court order stopping the project.

A deputy took a second report at the Flemming home the next day when Enbridge employees reported fireworks were being set off at employees, according to a police report.

While the deputy was speaking with Enbridge employees, Derek Flemming allegedly "came out yelling" and he "would not listen to clear, loud verbal commands," the report noted.

Meisner said the Enbridge personnel came onto the Flemming property unannounced and started cutting down trees. He said the claims that Derek Flemming "lobbed fireworks at them ... were unfounded and blatantly untrue."

Lisa Roose-Church is a reporter for the Livingston County Daily Press & Argus. Contact her at 517-552-2846 or lrchurch@gannett.com. Follow her on Twitter @LisaRooseChurch.