Alleged shooter, victim involved in prior road-rage incidents

The Marion Township man accused of murdering an Oceola Township man during a road-rage incident Sept. 2 was involved in a similar — but not deadly — incident in 2008 in Livonia.

The Livingston County victim, Derek Flemming, also has a history with law enforcement for allegedly making threats to shoot Enbridge Energy workers or "anyone" who came on his property, was involved in a prior road-rage case and had a conviction for second-degree retail fraud, according to police reports obtained through the Michigan Freedom of Information Act.

Livingston County Prosecutor William Vailliencourt and defense attorney Melissa Pearce both declined to say if the history of the victim or the defendant will play a part in the trial.

Martin Edward Zale, who is charged with open murder and related firearms charges for the fatal shooting of Flemming, a 43-year-old father of two, during an alleged road-rage incident, 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."

According to 16th District Court records, Zale is wanted on an outstanding warrant alleging assault and battery for that Nov. 7, 2008, incident. It is not clear whether police departments outside of Livonia had knowledge of the warrant.

Lt. Tom Goralski of the Livonia Police Department said once an officer obtains a warrant, 16th District Court personnel would enter the warrant into the law enforcement database. It's not clear if that happened and efforts to reach the court administrator Tuesday were not successful.

Goralski said officers do not typically "actively go and hunt down" defendants wanted on misdemeanors.

According to the Livonia Police Department report, a then-37-year-old Livonia man indicated that he was traveling east on Seven Mile Road and turned onto Farmington Road when the suspect — later identified as Zale — also turned onto Farmington Road from westbound Seven Mile Road.

The Livonia man said his vehicle was in front of Zale's vehicle 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 report noted.

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, who was living in Pinckney at the time, the report noted.

When Livonia police called Zale on Nov. 10, 2008, to ask about the victim's allegation, he admitted that he "simply shoved the complainant as he was protecting himself," the police report said.

The day Zale put his statement in writing, he explained that 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 further alleged that it was he who asked the Livonia man "what he was thinking" and the Livonia man "proceeded to yell and scream."

The alleged details of the Livonia case are similar to the Livingston County case.

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 Avenue and her husband commented, "What is wrong with him?" She said when they stopped at the Chilson Road 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 Chilson Road stoplight.

Authorities said witnesses indicated that Derek Flemming was not armed when he approached the car, and he did not make any verbal threats.

Amy Flemming's attorney, Mort 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."

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

Victim involved in another road-rage incident

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.

A physical confrontation occurred, according to the report, and the other driver allegedly pushed Derek Flemming, who fell to the ground, landing on his back and hitting his head.

"The incident did happen," Meisner said. "It was verified in the police report. Derek was shoved down, and that really has nothing to do with the fact that he was shot dead."

A witness confirmed the details, the report noted, except he said as he calmed one driver down, Derek Flemming "would start yelling and trying to escalate the situation." The other driver admitted that he pushed Derek Flemming away after Derek Flemming gave him a "chest bump," the report noted.

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.

RELATED: Road rage case could focus on 'stand your ground'

In a Sept. 6 report, officials wrote thatDerek Flemming "became irate and threatened to kill (a deputy) and any Enbridge person who stepped onto his property" when an Enbridge representative declined his request to halt work until his wife could attempt to get a court order stopping the project. The police report noted that the deputy and Enbridge personnel attempted to reason with Derek Flemming and "again he threatened to go get his weapons and shoot everyone."

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 "came out yelling" and he "would not listen to clear, loud verbal commands," the report noted.

Deputies reported that a subsequent investigation found two firearms in the Flemming home — one that was locked and stored in a safe location and a shotgun that was stored, according to the report.

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."

Livingston County Sheriff's Department reports also indicate that Derek Flemming was "involved in a customer trouble complaint" at an area Arby's in 2010 and a 911 hang-up call in 2011.

Details on Derek Flemming's second-degree retail fraud conviction were not available.

Lisa Roose-Church is a reporter for the Daily Press & Argus in Livingston County.