Portland Man Acquitted of Attempted Murder After Shooting Train Passenger
A 72-year-old man was found not guilty of attempted murder for shooting a stranger who exposed himself and made threats on a MAX train.
A 72-year-old Portland man, Michael Grover Phill, has been acquitted of attempted murder after shooting Lance Hicks, 40, on a light rail MAX train in North Portland on January 30. Phill was cleared by a Multnomah County Circuit Court jury following a four-day trial in August.
Phill testified that Hicks boarded the train after midnight with a tear in his pants, exposing his genitals. He stated that Hicks was "snarling" and threatened to rob him and sexually assault his partner, who is legally blind and petite. The incident occurred as Phill and his partner were preparing to exit the train.
According to testimony, Phill then drew a handgun from his jacket and shot Hicks in the thigh before fleeing the scene. Surveillance footage captured the incident but lacked audio.
Phill, who has a history of being attacked, stated he carried a gun for protection, noting the presence of "all types of crazy people" on public transit. He also has vision problems, wearing an eyepatch due to glaucoma and a cataract.
The prosecution argued that Phill could have used other methods, like an emergency call button, instead of resorting to a shooting. They contended the incident would not have occurred if Phill had not been armed.
Phill faced additional charges of assault, unlawful use of a weapon, and being a felon in possession of a firearm due to a 2015 conviction for possession of heroin and crack. He could have faced up to 10 years in prison.
The jury did find Phill guilty of being a felon in possession of a firearm. He was sentenced to approximately two years in prison by Judge Eric Dahlin. Phill is currently at the Coffee Creek Intake Center, undergoing assessment before transfer to a long-term facility.
Tri-County Metropolitan Transportation District of Oregon officers had initially responded to a report of drug use on the train but had left before the shooting. Police arrested Phill shortly after the incident. Hicks was taken to a hospital with serious injuries. He was not charged.