GENOA TOWNSHIP, Mich. – The attorney for a man who is charged in a Genoa Township road rage shooting that killed a 43-year-old father says her client will be pursuing a self-defense argument.
Martin Zale is charged with open murder and gun charges.
Derek Flemming, 43, was allegedly shot and killed by Zale on Sept. 2 at the intersection of Grand River Avenue and Chilson Road, about one mile east of downtown Howell.
Listen: 911 calls about Genoa Township road rage shooting
During a hearing Tuesday, Zale waived his right to have a preliminary exam within 14 days. His next court date is Oct. 7.
"Yes, we are pursing a defense under the Michigan Self Defense Act," said Zales's attorney, Melissa Pearce. "This case will and should be tried in the court of law, not in the court of public opinion, on social media or in the press. The whole story has not yet been heard. We ask that the public act responsibly and wait for the court and judicial system to run its course."
Pearce said Zale is a well-respected member of his community as well as a loving husband and father. Pearce said any witnesses to the incident should continue to come forward and she is paying close attention to social media posts about her client.
"I'm un-turning every stone to get to the truth," she said.
Flemming's wife, Amy, said she and her husband were on their way to pick up their two young children from school when they were cut off by Zale's pickup.
"My heart was pounding. I mean, my heart was just pounding," she said. "It was unreal. It was like he was toying with us because apparently we were going too slow."
Amy Flemming said her husband got out of their SUV and walked up to the pickup truck's driver's window.
Investigators said the pickup's window came down and the father was shot in the head with a handgun. Zale does have a concealed weapons permit.
"I'm thankful that I was there because I yelled and I screamed at him how much I loved him, how much our family loved him, how much we needed him, how much our kids loved him," said Amy Flemming. "I sat in the middle of the road with him and I turned my head and looked over at the guy in the truck and he just had a totally stone-cold look. It wasn't remorse. It wasn't shock. It wasn't grief. It wasn't anger. It was totally expressionless."
A GoFundMe has been set up to help support the Flemming family.
Read: Road rage shooting victim's wife: 'My heart was pounding'