Portland Man Acquitted of Attempted Murder in MAX Train Shooting
Jury finds 71-year-old acted in self-defense against armed assailant on public transit.
A 71-year-old Portland man has been acquitted of attempted murder charges stemming from a shooting incident on a MAX train in January, during which he fired a handgun at a man who had exposed himself and made threats. The jury found Michael Grover Phill acted in self-defense, though he was convicted of being a felon in possession of a firearm.
The incident occurred on Jan. 30 when Lance Hicks, 40, boarded the train and approached Phill and his partner. According to testimony, Hicks exposed himself and made threatening remarks, including threats to rob Phill and sexually assault his partner. Phill's partner is described as legally blind and physically small.
Phill testified that as Hicks advanced toward them, he warned him to stop before firing his handgun once, striking Hicks in the thigh. Phill then left the scene, discarding the weapon. He stated that he acted to protect himself and his partner.
Phill, who has prior felony convictions, faced charges including attempted murder, assault, and unlawful use of a weapon. Prosecutors argued that Phill should have alerted security or used an emergency call button rather than resorting to gunfire, and noted that carrying a firearm on TriMet trains is prohibited. His defense attorney argued for probation, citing Phill's age, health, and the time elapsed since his last conviction.
During the sentencing hearing, Multnomah County Circuit Court Judge Eric Dahlin acknowledged Phill's age and health, stating, "I can’t and won’t punish him for the actual shooting." However, the judge noted that possessing the firearm might have "emboldened him to do things that a reasonable person wouldn’t have done otherwise." Phill was sentenced to approximately two years in prison for the firearm possession conviction.
Hicks, who has a documented history of mental illness, was not charged in connection with the train incident. Prosecutors cited his confused mental state as a factor that would have made it difficult to prove intent. Hicks had previously been convicted of public indecency on a MAX train in 2023.