Port Angeles man’s conviction reversed by Court of Appeals on grounds of ineffective counsel

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.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“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.

________

Reporter Chris McDaniel can be reached at 360-452-2345, ext. 56650, or cmcdaniel@peninsuladailynews.com.

More in News

AAUW, foundation selected for leadership award

The American Association of University Women and the University Women’s… Continue reading

Jason Squire, manager of the Rose Theatre in Port Townsend, shows off the new $150,000 Barco SP4K laser projector installed last month. The projector, one of three that the movie house needs for each of its screens, replaces an aging one that failed in June 2004, necessitating a GoFundMe drive for the owners, George Marie and Michael D’Alessandro, to help pay for a new one. More than $105,000 was raised from 777 donors. (Steve Mullensky/for Peninsula Daily News)
New projector

Jason Squire, manager of the Rose Theatre in Port Townsend, shows off… Continue reading

Clallam awards funds to address homelessness

Funding cycle to run through June 2027

Port Angeles commissions intersection control study

City council approves two new vehicle purchases

East Jefferson Fire Rescue Chief Bret Black addresses a group of attendees at the Port Ludlow fire department on Wednesday. From left to right are Smokey Bear, Jefferson County Commissioner Heidi Eisenhour, Black, Jesse Duvall, the state Department of National Resources’ Community Resilience coordinator, and EJFR Community Risk Manager Robert Wittenberg. (Elijah Sussman/Peninsula Daily News)
East Jefferson department offers free wildfire mitigation visits

Forecasts predict high-risk summer; neighborhoods prepare

Forum to speak about local news

Conversation slated Tuesday at Field Hall

Mason Combs is 4 feet, 3 inches tall and has red hair, according to the Clallam County Sheriff’s Office. (Clallam County Sheriff’s Office)
Child located after agencies partner on search

A 10-year-old boy who had been missing since Tuesday has… Continue reading

Sequim research lab testing ways to use seaweed, resources

PNNL is only Department of Energy lab with marine facilities

Bonnie Obremski, front left, substitute garden manager, and volunteers Susan Savelle, yellow visor, Sarah Maloy, left rear, Paulette De Llario, right rear, and Mary Claire Hunt, rear, helped clean up the Salish Coast Production Garden at the Salish Elementary School in Port Townsend on Saturday. The garden produced more than 5,000 pounds of produce used for the school lunches last year and farmers are aiming for 7,000 pounds in 2025. Hunt will be honored as a community health hero by the Jefferson County Public Health department for her efforts in bringing together farmers and gardeners who donate their crops to the Jefferson County food bank with a presentation on Thursday at the Board of Jefferson County Commissioners’ chambers at the Jefferson County Courthouse. (Steve Mullensky/for Peninsula Daily News)
Garden cleanup

Bonnie Obremski, front left, substitute garden manager, and volunteers Susan Savelle, yellow… Continue reading

Foundation purchases hospital equipment

Linear accelerator to be installed in May

Port Townsend updated on city’s workplan

Forty-five of 61 projects on track, city manager says

Welfare for Animals Guild receives $1,500 to provide spay and neuter services at the guild’s free veterinary clinics. Pictured, from left, are Laura Nieborsky, Barb Brabant, Emily Murphy and Mel Marshall.
Garden club makes donations through local grant program

The Port Angeles Garden Club has announced donations to… Continue reading