Charges against elderly Oregon man dropped after he shot homeless man who tried to rape his blind partner

An elderly Oregon man who shot a homeless man on a MAX train after he threatened to rape his legally blind partner has been cleared of attempted murder. The 71-year-old argued he acted in self-defense after the man confronted the couple, exposed himself, and made repeated threats to rape the elderly man's blind partner. 

The incident took place on January 30 when Michael Grover Phill and his partner were approached by 40-year-old lance hicks. Phill testified that Hicks exposed himself and had his genitals in his hand while snarling at the couple. Phill said that Hicks threatened to rob him and sexually assault his partner.

Phill said that when he and his partner attempted to flee, Hicks advanced toward them. After saying “Do not run up on me!” he pulled a handgun from his jacket and fired a single shot, striking Hicks in the thigh. “I’m sorry to say that I had to [shoot him]. I didn’t want to,” Phil later told his defense attorney.

Phill told the judge that he fired to protect his partner because she is under 5 feet tall, less than 100 pounds, and legally blind. Phil also wears an eyepatch because of glaucoma and a cataract. After the shooting, Phill tossed the gun in the bushes and took off his coat, but was spotted by an officer and was arrested.

“Black men accused of shooting in Portland late at night? I’ve had my difficulties, you know my past with the law, so it wasn’t going to be good,” Phill said to the judge.

Phill was subsequently charged with attempted murder, assault, and unlawful use of a weapon. He was also charged with being a felon in possession of a firearm. The jury did not find him guilty of the shooting, but he was convicted of the firearm possession charges. He was sentenced to roughly two years in prison.

“I can’t and won’t punish him for the actual shooting. But I do believe that simply having the gun in his possession … may have emboldened him to do things that a reasonable person wouldn’t have done otherwise,” the judge said in sentencing, according to the New York Post.

Phill had explained to the judge he carries a firearm because he has been attacked multiple times.

“On the transportation system, you know it seems you run into all types of crazy people,” Phill said.