Erik Wayne Dossey v. State of Arkansas

── Erik Wayne Dossey v. State of Arkansas ── Court: Court of Appeals of Arkansas Date: April 15, 2026 Category: General Cite as 2026 Ark. App. 230 ARKANSAS COURT OF APPEALS DIVISION II No. CR-25-310 Opinion Delivered April 15, 2026 ERIK WAYNE DOSSEY APPEAL FROM THE GARLAND APPELLANT COUNTY CIRCUIT COURT [NO. 26CR-22-621] V. HONORABLE RALPH C. OHM, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; REMANDED FOR CORRECTION OF SENTENCING ORDER BART F. VIRDEN, Judge A Garland County jury convicted appellant Erik Wayne Dossey of second-degree unlawful discharge of a firearm from a vehicle; aggravated assault; and second-degree endangering the welfare of a minor. In a separate phase of the trial, the jury also convicted Dossey of possession of a firearm by certain persons (a felon). The jury sentenced him as a habitual offender to an aggregate term of five years’ imprisonment. Dossey argues that there was insufficient evidence to support his convictions. We affirm but remand for correction of the sentencing order.1 1 Dossey was convicted of second-degree endangering the welfare of a minor for which he received a suspended one-year term in county jail; however, the sentencing order incorrectly shows that he was convicted of contributing to the delinquency of a minor with an imposed sentence of one year in jail. Also, the sentencing order does not reflect Dossey’s  I. Background On July 30, 2022, Dossey was driving through Hot Springs with his then-thirteen-year- old son, Braiden, to pick up a pizza for dinner. Dossey, who was driving a BMW car, became involved in a road-rage incident with Michael Windstein, who was driving a Ford F-150 truck. Windstein, who has worked at the Arkansas Department of Correction for seventeen years, said that he was on his way to a barbeque with coworkers. In describing what happened, Windstein said that the BMW is slowing down as I’m coming up behind it, and it brake checks me[,] and [I] almost [ran] in[to] the back of it. And then I just, like, get over, get over, guy. And he—we get up on top of the rise from McLeod going to Higdon Ferry, it makes a little straightaway, and he finally gets over, and I’m starting to pass him. And as I’m passing him, I see his window roll down, and the windows are limousine-tinted dark[—]you couldn’t see anything in there. I look over, and he’s pointing a gun at me underneath his chin like this. (GESTURING). And I was like, really? So, I pass him, get over. About that time, I hear a ricochet off the roof of my truck. The bullet striking my truck. Windstein, who often shoots at metal targets during his firearms training, testified that a bullet ricocheting off of metal makes a distinct sound. Windstein further testified that he called 911. He saw that Dossey was exiting, so he followed Dossey and gave the 911 dispatcher a description of Dossey’s vehicle and license-plate information. Windstein said that, when Dossey reached a yield sign, he jumped out of his car and approached his (Windstein’s) truck. He said that Dossey punched his driver’s-side mirror and door, damaging both. Windstein accused Dossey of shooting his truck, which Dossey denied. habitual-offender status. We thus remand for the limited purpose of fixing these clerical errors. 2 Windstein said that he did not know whether Dossey still had a gun in his hand and warned him that he had a gun as well. Windstein said that he routinely carries a gun wi