GENOA TOWNSHIP, Mich. -

The attorney representing a woman whose husband was killed in an apparent road rage incident Tuesday afternoon has issued a statement.

Derek Flemming, 43, was shot by the driver of a pickup truck at the intersection of Grand River Avenue and Chilson Road.

Attorney William Moore said Flemming and his wife, Amy Flemming, were on their way to pick up their two children from school when they were cut off by the pickup.

"It appears Mr. Flemming got out to ask the other driver to slow down and drive more responsible when the man shot Mr. Flemming. It is unknown at this time if the shooter had a concealed weapons permit," Moore said. “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. Flemming. He needs to be removed from our community and locked behind bars."

The 69-year-old pickup driver is in police custody. After the shooting, he stood by his Dodge Ram pickup truck and waited for police. He is being held at the Livingston County Jail and could face charges on Thursday.

Several people called 911. One person said they thought the man was punched while the others said he was shot.

Listen:  911 calls about Genoa Township road rage shooting

Witness Jenna St. Clair thought she could help. She thought the man lying in the middle of Grand River Avenue had been hit by a car. His hysterical wife was beside him.

"She said, 'He's been shot,' and the wife pointed to the blue Ram (pickup truck). Instantly, I go like this (hand motion), like to cover my head. I didn't know if the guy still had a weapon," said St. Clair. "I didn't know if he was still shooting. I didn't know at that point it was road rage and he got out of his car. I thought (the gunman) was on a rampage."

St. Clair turned her attention to Flemming. It appeared he had been shot in the head. Both she and Flemming's wife started pleading with him to fight for his own life.

"She said, 'You've got to stay! You've got to stay alive. Stay alive for your kids. We need you, we need you!" said St. Clair. "'Your kids need you!' That sticks in my head the most ... 'your kids need you.'"