TACOMA — A Port Angeles man’s October conviction of unlawful possession of a firearm has been overturned.
The state Court of Appeals on March 15 reversed a Clallam County jury verdict convicting Aaron Maurice Mylan, 25, of unlawful possession of a firearm in the first degree, saying he had been ineffectively defended by counsel.
The ruling sets the stage for a potential retrial, Clallam County Prosecuting Attorney Mark Nichols said Friday.
“Unless the Washington Supreme Court overturns the Court of Appeals, Mylan will return to Clallam County for a new trial,” Nichols said.
A jury found Mylan not guilty of one count of first-degree robbery, two counts of second-degree assault and one count of theft of a motor vehicle, convicting him only on the firearm charge.
The charges stemmed from a roadside altercation in Forks on Aug. 24, 2014.
Mylan said Diamond Mueller attacked him after he had asked him to stop selling drugs to his friend. The two were in Mueller’s truck.
Mylan said Mueller stopped the truck, pulled out a gun, put it to Mylan’s head and began yelling at him.
They struggled for the gun, Mylan said, adding that it discharged, missing both of them.
Mylan said he managed to eject the magazine, which Mueller began using as a weapon with which to hit him.
Mylan said he was able to take control of the gun and struck Mueller in the head three or four times with the side of the gun, after which a bloodied Mueller rolled backward out of the open driver’s side door and onto the ground.
Mueller said Mylan was attempting to steal his truck.
On appeal, Mylan said his attorney should have requested instruction allowing the jury to find that he possessed Mueller’s firearm by necessity to keep Mueller from shooting him.
The appeals court agreed, saying Mylan’s trial counsel failed to defend the firearm charge at all and that Mylan was prejudiced by his counsel’s deficient performance.
“Mylan was under an unlawful present threat of death or serious bodily injury, he did not recklessly place himself in that situation, he had no reasonable legal alternative to his actions, and threat of harm from Mueller was the direct cause for his momentary possession and disposal of the gun,” the Court of Appeals said.
“Therefore, we hold that Mylan was entitled to a necessity instruction based on the evidence.”
Mylan currently is serving a sentence of 105 months at the state prison in Monroe. He has four prior convictions for burglary, two for delivery of a controlled substance and three for forgery and trafficking in stolen property, theft and assault, Nichols said.
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Reporter Chris McDaniel can be reached at 360-452-2345, ext. 56650, or cmcdaniel@peninsuladailynews.com.
