A Portland man was acquitted of attempted murder after shooting a stranger who exposed himself and repeatedly threatened to rape his partner.
asserted
who → acquit → partner
Michael Grover Phill had opened fire on Lance Hicks, 40, who flashed his genitals at him and his legally blind partner while on a light rail MAX train in North Portland on January 30, according to OregonLive.
After a four-day trial in August, Phill was cleared of attempted murder by a Multnomah County Circuit Court jury.
Phill, 72, told the court that Hicks had a hole in the crotch of his pants, and that his penis was visible when he boarded the train after midnight that day.
uncertain
he → open → midnight
He testified that Hicks was 'snarling' and had his penis 'in his hand' when the man threatened to rob him and sexually assault his partner, who is less than 5 feet tall and weighs under 100 pounds.
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who → testify → pounds
The couple stood up to leave at their final destination, East 122nd Avenue and East Burnside, when Hicks, who is homeless and has a history of mental health problems, approached them.
At that moment, Phill removed a handgun from his jacket, shot Hicks in the thigh and fled the scene.
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Phill → stand → scene
Phill told the court that he yelled at Hicks to 'not run up' on him, but that the latter 'kept coming faster.'
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latter → tell → him
Footage of the incident was caught on surveillance video but without audio.
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Footage → catch → audio
Michael Grover Phill, now 72, was cleared of attempted murder after shooting Lance Hicks, 40, in January 30 on a light rail MAX train in North Portland
Phill told the the court that Hicks, pictured, had a large tear in the front of his pants.
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Hicks → clear → pants
The incident was caught on surveillance video but without audio
Phill testified that he was 'sorry' that he 'had' to shoot Hicks and added, 'I didn't want to.'
He explained to the court that his partner was legally blind because she did not have peripheral vision.
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she → catch → vision
However, Phill added that she could still see objects in front of her.
uncertain
she → add → her
He said he also had vision problems and wore an eyepatch due to glaucoma and a cataract, the outlet reported.
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outlet → say → glaucoma
The couple was on the last train of the night on their way to the home of Phill's brother when the shooting happened.
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shooting → happen → brother
Phill was also charged with assault, unlawful use of a weapon and being a felon in possession of a firearm because of his criminal history by the Multnomah County District Attorney's Office.
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Phill → charge → Office
He had last been convicted in 2015 for possessing heroin and crack, per the prosecution.
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He → convict → prosecution
In total, Phill could have received a sentence of roughly 10 years in prison before being acquitted.
uncertain
Phill → receive → prison
Jurors still found Phill guilty of being a felon in possession of a firearm.
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Phill → find → firearm
He was sentenced to about two years in prison by Judge Eric Dahlin during a hearing last week.
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He → sentence → hearing
Hicks, seen saying goodbye to his family before being taken into custody, was still sentenced to about two years in prison after being found guilty of being a felon in possession of a firearm
The Blue Line MAX train was nearing the East 122nd Avenue station when Phill opened fire on Hicks
Phill told the court that he carried a gun around because he had been attacked three times in Portland and once in California.
He said that 'it seems you run into all types of crazy people' when riding public transportation, but that 'you've got to get where you've got to go.'
The prosecution said Tri-County Metropolitan Transportation District of Oregon officers had gone on the train to investigate a report about three passengers smoking drugs.
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passengers → see → drugs
However, the officers left once they saw that the trio supposedly smoking was gone.
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trio → leave → ?
Deputy District Attorney Branden Meadows argued that Phill could have still taken other measures besides shooting Hicks, such as pressing an emergency call button.
uncertain
Phill → argue → button
'This shooting ... never would have happened had Mr. Phill not possessed a firearm,' Meadows said, per the outlet.
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Meadows → happen → outlet
'Perhaps he would have made better choices that evening.'
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he → make → choices
Portland police recovered this gun and traced it back to Phill after the shooting on the train
However, Phill insisted that he was not a 'rat' and that he did not want to get someone else in trouble with law enforcement due to his own conviction history.
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someone → recover → history
'I was just trying to get away from him,' Phill told the court.
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Phill → try → court
Portland Police said Phill had been booked into the Multnomah County Detention Center after being arrested in January.
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Phill → say → January
The woman he was with was detained pending the investigation.
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he → detain → investigation
She was not charged with anything.
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She → charge → anything
A police officer had applied two tourniquets on Hicks' leg after responding to the scene.
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officer → apply → scene
Hicks was taken to the hospital with serious injuries, police added.
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police → take → injuries
He was not charged.
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He → charge → ?
Oregon correction records last updated on Monday evening, viewed by the Daily Mail, said Phill was currently at the Coffee Creek Intake Center in Wilsonville, about 18 miles south of Portland.
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Phill → update → Portland
The intake and assessment process usually takes about 30 days to complete.
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process → take → days
Phill will then be transferred to a long-term facility.
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Phill → transfer → facility
Phill’s attorney, Henry Oostrom-Shah, told the Daily Mail on Tuesday afternoon that he had no further comment to offer about the case.
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he → tell → case
The Daily Mail has reached out to the Multnomah County District Attorney's Office, which prosecuted Phill, for comment.
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which → reach → comment
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