GUILTY MI - Derek Flemming, 43, killed in road rage incident, Howell, 2 Sept 2014

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OkieGranny

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http://www.livingstondaily.com/stor...tody-following-shooting-grand-river/14988925/

Sheriff Bob Bezotte said the elderly man, who was driving a 2012 Dodge pickup, was tailgating the younger man's 2014 Ford Escape Titanium as they traveled through downtown Howell. He said the elderly man passed the victim's vehicle as they reached National Street and he moved in front of the Escape. "Witnesses said he got in front of the victim and was applying his brakes a lot," the sheriff said.

Both vehicles stopped at the traffic light at Chilson Road and the younger Howell man got out of his Escape and approached the older man's pickup saying something like "What is your problem?" Bezotte said.

Bezotte said witnesses indicated that the 69-year-old Howell man put his window down and shot the 43-year-old Howell man dead.
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How sad. There is so much anger in the world. Scary that you can lose your life because someone maybe doesn't think you're driving fast enough. If the older man was in a hurry to begin with, it was stupid of him to keep braking after he had passed the other car. If only the younger man (or his wife, who was in the car and witnessed her husband's death) had called LE either at the stop light or after pulling into a parking lot (to give the enraged driver time to progress down the road, too). Road rage incidents really do need to be reported to LE before they escalate. These drivers are a danger to everyone.

I don't understand this statement, from the link in the OP:

The elderly man remains jailed this morning, but what, if any charges, will be authorized is not immediately known.
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BBM How could the elderly man not be charged with a crime? He was definitely in the wrong to begin with, and murdered someone who didn't appear to be a threat to him, as the confrontation at that point was verbal.
 
Indy Anna said:
....

I don't understand this statement, from the link in the OP:



BBM How could the elderly man not be charged with a crime? He was definitely in the wrong to begin with, and murdered someone who didn't appear to be a threat to him, as the confrontation at that point was verbal.
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I don't understand either.

There's a somewhat similar road rage situation in my local area -- the unarmed guy was shot twice, but lived. Both guys were in their late 60s. No charges filed as of now.
 
They are probably saying the older man was in fear of his life since the younger man got out and approached his pickup. I hope this defense does not work and he does get charges, prison time and the family gets civil damages.


On the subject of road rage maybe some of you have seen this viral video....check out the video at end of story.

http://www.wsbt.com/news/nationworl...at-driver-in-bizarre-road-rage-video/27852904
 
colette said:
They are probably saying the older man was in fear of his life since the younger man got out and approached his pickup. I hope this defense does not work and he does get charges, prison time and the family gets civil damages.


On the subject of road rage maybe some of you have seen this viro video....check out the video at end of story.

http://www.wsbt.com/news/nationworl...at-driver-in-bizarre-road-rage-video/27852904
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At first glance it sounds alot like the case in Florida where the old guy shot the young guy in the movie theater who was texting. Angry old men...
 
70bbb23a-68f1-4181-8f00-c2bae1a91dd7_zpsce59303a.jpg


http://www.livingstondaily.com/stor...thers-alleged-killer-charged-murder/15118701/

Derek Flemming should have been at home in Howell on Thursday celebrating his daughter's birthday.

Instead, his family was mourning his death and planning his funeral, as the man police say shot him Tuesday in a road rage incident sat in the Livingston County Jail on an open murder charge...

At a news conference Thursday, Prosecutor William Vailliencourt said Flemming died of a single gunshot wound to the face fired from a handgun as he stood next to Zale's pickup.
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Memorial page: https://www.facebook.com/Derekflemmingmemorialpage

Derek's FB: https://www.facebook.com/profile.php?id=100000126771977
 
I would be very surprised if charges aren't filed in this case. The victim was clearly unarmed, and from what I've read of witnesses accounts, wasn't even touching the shooter's truck. They shooter wasn't in any danger; he was locked in his truck and could drive away as soon as the light changed. The shooter rolled down his window to shoot the guy.
 
http://www.livingstondaily.com/story/news/crime/2014/09/05/slain-mans-wife-speaks/15161955/

Amy Flemming said in a statement issued through her attorney that her husband, Derek Flemming, who was fatally shot Tuesday when he approached a pickup driver who allegedly cut him off in traffic, wanted to ask the shooter "what his problem was and to not put other drivers in danger."

"I wish I could go back," she said. "I would have kept him in the car. Regardless, Derek didn't deserve to die like that"...

Amy Flemming's attorney, William Moore, said Zale's arraignment was a "first day towards justice" for the Flemming family. He said "based on the evidence, it is clear Mr. Zale was not in any fear, nor could he have reasonably believed he was in danger."
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http://whmi.com/news/article/21350

Martin Edward Zale appeared in 53rd District Court in Howell today, where he is charged with a count of open murder after allegedly shooting Derek Flemming in the face at the intersection of Chilson and Grand River in Genoa Township in September. Evidence was presented before Judge Carol Sue Reader and, after hearing from three witnesses, she made the decision to bind Zale over to circuit court for trial.
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69 is hardly "elderly" in this day and age. I'm sure he knew exactly what he was doing. What a sad story.
 
I could make an argument for first degree murder with an armed male, driving in such a manner to aggravate other drivers. Perhaps he was attempting to entice someone to approach his car so he could take out his anger, his bad day, whatever on someone else and claim self-defense. If I pass someone, the general goal is for me to move on ahead, not hang around and harass.
 
http://www.livingstondaily.com/stor...-decide-jury-can-hear-shooters-past/22651961/

A judge will decide whether a jury can hear that a Marion Township man accused of murder in a fatal road-rage incident was involved in a similar, but non-deadly, incident in Livonia...

According to court documents, the prosecutor’s office says Zale approached another motorist’s vehicle “from behind at a high rate of speed” on Seven Mile Road in Livonia and “drove behind him at a dangerously close distance” in November 2008.

The victim in that case told police that Zale followed him to a McDonald’s parking lot and he as well as witnesses said Zale yelled at the other driver then “punched him in the side of the head,” according to court documents.
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http://www.detroitnews.com/story/news/local/michigan/2015/05/05/martin-zale-trial/26926497/

A case of premeditated murder or an act of self-defense? Evidence and testimony supporting those opposite legal theories began to unfold Tuesday in the Livingston Circuit Court trial of Martin Zale, 69, of Marion Township, accused of what police described as an afternoon road rage incident in Genoa Township...

On Tuesday afternoon, Rose called seven witnesses, including three of Zale's former co-workers at a Howell plastics company that described "Marty" as a "reckless" driver who routinely would speed up on their vehicles, swerve around them and nearly cause them to run off the road then go "zig-zagging" on through traffic at high speeds.

When confronted about his aggressive driving behavior, Zale, who boasted to co-workers he kept a handgun in his truck, would shrug off concerns from Bonnie Koppitch that he was a "crazy driver" by saying "but I get where I'm going." He advised another frightened worker, Paul Gaspar, after a close call on the road: "Drive faster."
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chicagofa13 said:
69 is hardly "elderly" in this day and age. I'm sure he knew exactly what he was doing. What a sad story.
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And yet in another thread recently, a poster accused a 61-year-old of being elderly!:doh::shakehead:
 
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