Attorney: Slain man's children 'asking where their father is'

A 69-year-old Howell man could learn Thursday if he will face charges in connection with the fatal shooting Tuesday of a 43-year-old father.

Meanwhile, Derek Flemming's children "are asking where their father is," an attorney representing Flemming's wife, Amy, said Wednesday.

Police have not yet identified the suspect, who was taken into custody immediately following the 3:35 p.m. Tuesday fatal shooting of Flemming at the intersection of Grand River Avenue and Chilson Road in Genoa Township.

"It all just happened in a blink of an eye," said William Moore, a Pinckney attorney representing Flemming's widow. "It's a road rage issue.

"It is my hope that the police and prosecutors do their job in bringing the man responsible to justice. This man shot an unarmed man in broad daylight with multiple witnesses, including Mrs. (Amy) Flemming," Moore added. "He needs to be removed from our community and locked behind bars."

Moore said Amy Flemming, who is still in shock, told police that the couple was traveling east on Grand River Avenue to pick up their young children from the first day of school when they noticed a pickup driver "screaming down a side street" toward their 2014 Ford Escape.

Moore said Amy Flemming felt the 2012 Dodge pickup driver was going to hit them, but instead he cut them off as he turned onto Grand River Avenue. Moore said Derek Flemming attempted to move to the right lane to allow the pickup driver to pass, but the other driver nearly struck their SUV.

Livingston County Sheriff Bob Bezotte said the pickup driver was tailgating the Flemming couple's SUV until they reached National Street where the pickup driver then passed the SUV.

Moore said Amy Flemming told police that the pickup driver cut to the left, getting in front of their SUV and he "slammed on the brakes."

Both vehicles stopped at the traffic light at Chilson Road and the younger Howell man got out of his SUV and approached the older man's pickup with the intention of asking the driver to slow down and drive responsibly, Moore said.

Bezotte said witnesses indicated that Derek Flemming asked the elderly driver something like "what is your problem?"

Witnesses said that is when the 69-year-old Howell man put his window down and shot and killed Flemming, Bezotte said.

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

Witnesses immediately began calling 911, reporting that "somebody shot someone with a gun out of the driver's window" and the victim was lying on the ground.

Witnesses indicated that the younger man appeared to be "upset" or "angry" as he approached the vehicle, but investigators believe there was no physical contact between the men.

Bezotte and Undersheriff Michael Murphy declined to say whether the elderly man has a valid permit to carry a concealed weapon or if he owned the weapon. A clerk at the Livingston County Clerk's office declined to release that information Wednesday, citing confidentiality.

Bezotte said the matter is in the prosecutor's hands and he referred further comment to Prosecutor William Vailliencourt, who said his office had not received the completed police report Wednesday as detectives were still interviewing possible witnesses.

The elderly man remains jailed, but Vailliencourt has not speculated on what, if any charges, could be authorized.

Bezotte said the elderly man did not make a statement to police, instead asking for a lawyer. It is not clear whether the man has retained a lawyer.

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

Moore said he plans to have an independent investigation conducted outside the Sheriff's Department investigation. He also said he is working to set up a fund to seek donations for Amy Flemming and her children, who are "overcome with many emotions, but primarily shock and extreme grief." Moore will release additional information once the fund is established, he said.