Lisa Roose-Church

Livingston Daily

3:50 p.m. UPDATE:

Martin Edward Zale, 69, of Howell, was arraigned this afternoon on a charge of open murder for fatally shooting a 43-year-old father on Tuesday on Grand River Avenue just outside Howell.

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

Zale will remain in the Livingston County Jail because the magistrate did not allow any bond.

Derek Flemming and his wife, Amy, were on their way to pick up their children from the first day of school when they became involved in a road rage incident at 3:35 p.m. Derek Flemming, who was unarmed, was shot after approaching Zale's vehicle at Grand River and Chilson Road in Genoa Township.

William Moore, attorney for Flemming's widow, said Derek's mom 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 Pierce of Milford. He has lived in Livingston County since 1994, and his wife is a breast cancer survivor.

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

Moore said Flemming and wife Amy Flemming were traveling east on Grand River Avenue at about 3:35 p.m. in the Howell area when they noticed Zale's 2012 Dodge pickup "screaming down a side street" so fast that Amy Flemming believed the vehicle was going to hit her. Zale almost cut off their family vehicle, a 2014 Ford Escape Titanium, as they reached National Street and he moved in front of the Escape. Derek Flemming tried to maneuver away from the suspect's vehicle, Moore said. Instead, the alleged shooter cut to the left, cutting off Derek Flemming, and slammed on its brakes.

Both vehicles stopped at the traffic light at Chilson Road and Derek Flemming got out of his Escape and approached the older man's pickup saying something like "what is your problem," Sheriff Bob Bezotte said.

Bezotte said witnesses indicated that Zale put his window down and shot Derek Flemming dead.

Witnesses indicated that Derek Flemming appeared to be "upset" or "angry" as he approached the vehicle and Bezotte said it is believed there was no physical contact between the men.

"His wife was forced to witness this act from the front seat of her car," Moore said.

Police declined to say whether the elderly man has a valid permit to carry a concealed weapon or if he owned the weapon.

Bezotte said the matter is in the prosecutor's hands and he referred further comment to Prosecutor William Vailliencourt, who was not immediately available this afternoon.

While Amy Flemming escaped physical harm, Undersheriff Mike Murphy said the woman is understandably devastated. The couple was on their way to pick up their children from their first day of school.

Witnesses in the area who asked not to be identified said they heard shouting, a gunshot and a woman's anguished cry.

No passengers were believed to be in Zale's pickup.

Bob Bezotte said Zale did not make a statement to police, instead asking for a lawyer. Who is representing the alleged shooter was not immediately known.

Bezotte said at least one attorney has visited the new inmate, but that attorney is not taking the case. He did not identify the attorney.

At least four bystanders at the scene who indicated they were witnesses declined to comment.

Murphy asked that anyone who witnessed the alleged road rage or the shooting to call the Sheriff's Department at 517-546-2440.

As of 5 p.m. Tuesday, Grand River Avenue remained closed between Chilson and Golf Club roads while Livingston County sheriff's detectives and the medical examiner remained on scene.

Assisting at the scene were Livingston County EMS, Michigan State Police and Brighton Area firefighters.

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