Report: Defendant, Victim Both Had History of Road Rage

Derek Flemming, left, and Martin Zale both have histories of road rage, according to police records obtained by Gannett Michigan under the Freedom of Information Act.

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Both the defendant and victim in a fatal Sept.2 road rage have been involved in similar encounters, the Detroit Free Press reports after an review of police reports obtained by Gannett Michigan under the Freedom of Information Act.

Martin Zale, 69, of Howell, has been charged with open murder in the fatal shooting of Derek Flemming, 43, of Osceola Township, after a confrontation at an intersection near Howell.

Related:

• Little Girl’s Heartbreaking Discovery after Her Daddy is Killed in Road Rage
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• Attorney Arguing Self-Defense in Deadly Road Rage: ‘Whole Story Has Not Been Heard’

According to the Gannett Michigan investigation, Zale and another motorist were involved in a verbal argument became physical in November 2008.

“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 wrote in a police statement. “I believe that I learned a valuable lesson and will try not to let things like this bother me.”

In 2012, Flemming allegedly threatened to shoot workers with Enbridge Energy or “anyone” who came into his property, according to the news organization’s investigation. Sheriff’s officials visited his property twice in September 2012 on such complaints.

In January 2013 or January 2014 – the report lists both dates, the Free Press said – Flemming reportedly “grew frustrated” with a driver who pulled in front of him on Westbound M-59 from Clark Road and honked his horn several times. The driver brake suddenly, and Flemming nearly rear-ended the other motorist’s vehicle. He reportedly got out of his vehicle and confronted the driver, who pushed him to the ground, causing him to hit his head.

Zale plans to argue self-defense in his trial.

Livingston County Prosecutor William Vailliencourt and defense attorney Melissa Pearce both declined comment on whether the two men’s histories would become part of the record at Zale’s trial.

Flemming’s widow said her husband’s record is irrelevant.

“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,” Mort Meisner, a spokesman Amy Flemming, said Tuesday.

» Read the full story on the Detroit Free Press.