OAKLAND COUNTY, Mich. – A man convicted of shooting and killing a Detroit Fire lieutenant in 2021 is seeking a new trial.
Terell Josey, 27, was sentenced for shooting Detroit Fire Department Lt. Frank Dombrowski, 55, at the parking lot of a Shell gas station at the corner of Rochester and East Wattles roads in Troy in 2021.
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Dombrowski died from his injuries.
According to court documents, the road rage incident began when Dombrowski drove through a red light and nearly T-boned a Jeep. The Jeep was driven by Josey’s then-fiancée, with Josey in the passenger seat and their 2-year-old son sitting in the back seat.
Josey’s then-fiancée swerved to avoid the collision and honked her horn.
Dombrowski reportedly stuck his middle finger out the window, and, when Josey’s then-fiancée passed Dombrowski’s vehicle, he swore at her and Josey, which led to Josey to yell back at him.
Dombrowski allegedly called Josey a racial slur and spit on him.
When Josey’s then-fiancée continued driving, court documents said Dombrowski sped up ahead of her, blocked her from changing lanes and kept slamming on his brakes. Eventually, Dombrowski pulled into a gas station parking lot and she pulled into the parking lot directly behind him. Both vehicles stopped.
Gas station surveillance footage showed Dombrowski getting out if his car and Josey leaving his then-fiancée’s car. Dombrowski was seen running toward Josey.
As Dombrowski reached Josey, Josey pulled out a gun and shot Dombrowski three times in the chest area.
Dombrowski’s toxicology report revealed his blood-alcohol level was .22.
Hours following the shooting, Josey turned himself in to police.
He was initially charged with open murder. But the jury found him guilty of voluntary manslaughter during trial, along with felony firearm and CCW charges.
Josey argued that the trial court denied his request to tell the jury that self defense is a defense to voluntary manslaughter.
The court of appeals agreed Josey has the right for a new trial with a properly instructed jury.
“We conclude that the trial court erred by denying Josey’s request for the voluntary manslaughter self-defense instruction. Although the trial court determined that its error was harmless, the video of the incident fails to support the court’s reasoning. The video depicts Dombrowski running toward Josey. Dombrowski did not appear to be concerned about Fuller, and his attention was not directed toward her. It is unknown whether Dombrowski was even aware that Josey’s young child was in the backseat of the Jeep. Dombrowski did not give any indication that he was aware of the child’s presence. Rather than focusing his attention on Fuller or the child, Dombrowski’s attention was focused solely on Josey. The jury may have rejected Josey’s claim that he acted in defense of Fuller and his son because, as the video shows, they were not in danger. They were safely inside the Jeep while Dombrowski’s attention was on Josey outside the Jeep. Therefore, the record evidence does not support the trial court’s reason for determining that the omitted instruction was harmless.”
