HOWELL, Mich. -

A 69-year-old Marion Township man is charged with murder in connection to the road rage shooting which killed a 43-year-old man on Tuesday in Genoa Township.

Martin Zale was arraigned Thursday on an open murder charge and firearms charges. He is being held at the Livingston County Jail without bond. Prosecutor William Vailliencourt said Zale presented his concealed weapons permit to police.

Derek Flemming, 43, was shot and killed by the driver of a pickup truck at the intersection of Grand River Avenue and Chilson Road, about 1 mile east of downtown Howell. Vailliencourt said Flemming was killed by a single gunshot to his face while he was standing outside the shooter's vehicle on Grand River Avenue. The weapon used was a handgun, the prosecutor said.

"The burden is on us to prove beyond a reasonable doubt that this was not self-defense," said Vailliencourt. "I'm confident of our case on that point, but ultimately that's going to be a question for a jury."

Web extra: Livingston County prosecutor discusses road rage shooting

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."

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


Derek Flemming is pictured with his daughter. A memorial Facebook page has been set up with information about donating to the Flemming family


Martin Zale was arraigned on homicide and open murder charges Thursday, Sept. 4, 2014, in connection to the shooting death of a 43-year-old man in Genoa Township.