A Multnomah County jury found Michael Grover Phill not guilty of attempted murder, assault and unlawful use of a weapon after he shot a passenger on a MAX train in January. Jurors convicted the 71-year-old of being a felon in possession of a firearm, and Multnomah County Circuit Judge Eric Dahlin sentenced him to 25 months in prison in September. The shooting happened Jan. 30 as a Blue Line train approached the East 122nd Avenue station in Portland. Phill and his legally blind partner were on their way to the home of his brother when 40-year-old Lance Hicks boarded the train, according to testimony and surveillance footage presented at Phill’s August trial. Phill testified that Hicks had exposed himself, threatened to rob him and sexually assault his partner, and moved toward the couple as they prepared to leave. Phill said he warned Hicks, “Do not run up on me!” and fired once into his thigh when Hicks continued advancing. Hicks was not charged in connection with the incident. Phill’s defense argued that he acted to protect himself and his partner. Prosecutors countered that he could have sought help from TriMet security officers who had briefly boarded the train earlier, or used an emergency call button to alert the train operator. Phill testified that he wanted to get away from Hicks and did not want to involve police. Deputy District Attorney Branden Meadows argued that Phill’s decision to carry a gun, despite restrictions stemming from prior convictions, contributed to the danger. TriMet policy prohibits passengers from carrying guns on trains, Meadows said. Dahlin said he could not punish Phill for the shooting because the jury had not convicted him of those charges. But the judge said having the gun may have emboldened Phill to act in ways he otherwise would not have, and imposed a prison term within Oregon’s sentencing guidelines. Phill’s most recent felony conviction before the case was a 2015 drug-possession conviction, according to prosecutors. Hicks has a history of mental health struggles and was not interviewed by police because of what they described as his confused state. Prosecutors said they did not charge him with indecent exposure because they believed his apparent mental health problems would make it difficult to prove intent. He was convicted of public indecency in 2023 after an incident on a MAX train in Hillsboro.