Retired detective’s claim of self-defense in shooting holds up

Photo courtesy of WXYZ Channel 7

By Charles Sercombe

In a rare move on a district court level, a Shelby Twp. District Court judge dismissed charges against a retired Hamtramck detective who had shot and severely wounded his son.

On Friday, the case against Michael Szymanski wrapped up, and visiting Judge Matthew Rumora sided with Szymanski’s explanation that he shot his son, Steven, in self-defense.

Steven Szymanski, 31, survived the shooting, but has had extensive medical issues.

The shooting took place a year ago, after a long Memorial Day family gathering.

Steven Szymanski testified that he admitted he had drunk beer and had tequila shots, as well as smoked marijuana, during a day that started out with him helping his dad in the morning, preparing Michael’s boat for the season.

“By the end of the night, I was pretty buzzed,” Steven testified at an earlier preliminary examination.

At some point late at night, things took a turn for the worse.

A family argument broke out, and ended up with Michael and his son on the kitchen floor fighting each other.

Steven testified that his father was the aggressor.

But Steven’s childhood friend, Anthony Radtke, gave a radically different account.

Radtke testified that it was Steven who started the fight, and was on top of Michael in the kitchen fight with his elbow to his throat, turning Michael the color purple.

Radtke said he threw Steven off his dad and tried to keep them apart.

“I’ve never seen him that angry,” Radtke testified about Steven. “I was personally terrified of Steven that night.”

In Friday’s hearing, Michael Szymanski took an unusual step for a defendant and testified.

Szymanski testified that his first physical encounter with his son happened in the kitchen, and said that he was thrown to the floor.

After his son was pulled off from him, he was told to go outside to the backyard. Soon after, Szymanski said, Steven began throwing patio furniture at the house.

Steven’s girlfriend was also outside with him, and eventually she convinced those inside the house to unlock the door leading to the backyard so she could get her bag back, saying that the couple would then take a cab home.

But it didn’t work out that way, testified Michael Szymanski. He said his son then barged in and lunged at him.

“His eyes were black,” Michael Szymanski said. “In my time in law enforcement, I’ve never been so scared in my life.”

And that’s when Szymanski said he shot his son in self-defense.

In her closing argument, Assistant Macomb Prosecutor Lisa Lozen said Szymanski could have fended off his son with a heavy object nearby, or even should have called 911 earlier.

Szymanski said there was no time to call 911, because everything was happening so fast.

Szymanski’s attorney, Todd Flood, reminded the court that Steven had a blood alcohol content (BAC) of .24. Drivers are considered legally drunk with a BAC of .08.

Flood said that, while Steven was clearly heavily intoxicated, he was still able to control his physical movements and was “farm boy tough.”

Lozen said that it should be left up to a jury to decide whether Michael’s self-defense claim was legitimate.

“You can’t shoot your own kid,” Lozen said.

In a district court preliminary examination there is no jury. A judge simply decides whether a case warrants being kicked up to a higher court, which in this case would have been a circuit court.

Flood argued that the judge is a “trier of fact,” and can make a decision to dismiss the case because this was a justified claim of self-defense.

Judge Rumora said there were a number of issues to consider, including that Steven’s testimony was contradicted by others – most notably Radtke.

“He (Radtke) didn’t have an ax to grind,” Rumora said.

Steven, Judge Rumora said, was not “credible.”

He went to say that with Steven being heavily intoxicated and high on marijuana, he “was out of his mind – crazed up.”

Still, the judge had an issue reconciling Michael shooting his son.

“It’s a tragedy he had to shoot his own son,” Rumora said. “That bothers me. But I don’t see when he had a choice.”

The case was then dismissed, with all charges dropped, and Michael’s electronic tether was allowed to be removed.

Asked for comment the next day, Michael declined, saying he wanted to take a break and spend time with his family.

On Monday, WXYZ Channel 7 ran a story on the matter. Michael was quoted as saying: “I still don’t know why my son was so angry. I have never seen him like that in the 31 years he’s been alive.”

Szymanski further said: “It’s been a frightening, sad experience. It’s been devastating to not only myself, but my wife and my daughter.”

Szymanski had been employed with a security company prior to the incident, but afterward he became unemployed.

Szymanski said that, besides suffering from a broken relationship with his son, he also lost income during the past year.

Posted June 4, 2021