commentary by Patrick H. Moore
We LA drivers are a patient bunch. We have to be. For most of us, it’s many miles of bad road from home to work and vice-versa. Our freeways are legendary, not because of their high quality (many of them are in disrepair), but rather because there are so many of them and we come to know them like the back of our hand(s).
When I moved here from Northern California, I remember being surprised the first time I had to change lanes on the freeway – smooth as silk, no resistance on the part of the driver I pulled in front of. We’re all in the same boat here; we all have cars (many of us have many cars); and for the most part we co-exist peacefully as we tool along plugged into our electronic devices.
This is not to say you don’t need to keep your eyes open – you do. The other day I nearly got clipped in, of all places, a narrow gloomy 6-story parking structure across the street from MDC-LA (Metropolitan Detention Center – Los Angeles).
And we do have our share of surly drivers. A few months ago I did something (don’t remember what) that pissed off a young dude in a truck. As luck would have it, when I pulled up next to him at a traffic light he shouted, “I’m going to kill you!” but fortunately some unseen force stayed his trigger finger and I am still here. And perhaps the fact that I ignored his threat and kept my “steely greys” locked upon the road in front of us helped avoid further trouble. Who knows?
43-year-old Derek Flemming of Livingston County, Michigan would have done well to emulate my peaceful example on Tuesday afternoon. If he had, he might still be in the “land of the living” instead of lying in state in a Michigan funeral parlor. This is not to say he did anything wrong; it’s just that sometimes the best policy is to avoid unnecessary confrontations.
Travis Gettys of Raw Story has the story:
A Michigan man and his wife had just eaten lunch Tuesday afternoon and were on their way to pick up their children from the first day of school when they were cut off by a speeding pickup truck.
Police said 43-year-old Derek Flemming got out of his SUV at the next stoplight, approached the Dodge pickup, and asked the driver: “What’s your problem?”
The other driver then rolled down his window and shot Flemming in the face, killing him, police said.
OhMyGod! Another senseless killing. Based on the available photos, the alleged shooter, 69-year-old Martin Zale appears downright un-neighborly. For their part, local law enforcement appears to have done reasonable due diligence and investigated for two days before charging Zale with open murder, two counts of felony firearms, and discharge of a weapon from a vehicle.
It is noted that Michigan law does not require prosecutors to choose between first- or second-degree murder, even at trial, and a jury may determine the appropriate charge based on the evidence.
Livingston County Prosecutor William Vailliencourt commented on the case:
“I fully support the right of individuals to keep and possess firearms, but it’s when they misuse those weapons that it becomes a problem.”
The prosecutor stated that he was quite sure Zale, who has a concealed carry permit, was not acting in self-defense when he shot Flemming square in the face with his handgun.
“You can’t shoot someone because you’re not happy with them,” Vailliencourt remarked philosophically.
According to investigators, Flemming was not carrying any weapons, and witnesses said he did not make any verbal threats. (I’m not sure how witnesses could be certain of this unless they were standing right next to Mr. Flemming when he was shot, which does not appear to be the case.)
According to another report in the Livingston Daily written by Lisa Rooose-Church:
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.
You obviously cannot blame Mr. Flemming for being pissed off. I just wish that he had done the unmanly thing (translated as un-macho) and stayed in his vehicle. Since Zale had already passed him, he probably would have just kept on going. On the other hand, he had reportedly slammed on his brakes which could mean he was just going to sit there obnoxiously, blocking the traffic.
Based on a report by the deceased man’s wife, Amy Flemming, Mr. Flemming had plenty of provocation:
Amy Flemming said Zale was “screaming down a side street” in his pickup, and she and her husband believed he would crash into their Ford Escape as he tailgated their SUV.
She said the pickup cut them off turning onto another road, and Derek Flemming moved into the right lane to allow him to pass.
Zale then pulled in front of their SUV and slammed on the brakes, Amy Flemming told police.
Ms. Flemming explained, quite logically, that her husband intended to confront Zale about his driving when they stopped.
As shown in the family photos, the Flemmings have two school age children, a 6-year-old daughter who had a birthday two days after her father was shot and killed as well as a 7-year-old son
The children “are asking where their father is,” the family’s attorney said.
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This is so freakin’ sad. These “right to carry” laws result in far too many senseless and unnecessary deaths.
Whatever happened to men settling their differences man-to-man with their fists. Of course, that’s against the law too.
Meanwhile, we have two more fatherless children and an old man who will likely spend the rest of his life where he appears to belong – in a state penitentiary.