Conviction Stands In Highland Park Bus Stabbing

LOS ANGELES, CA — A Glendale man lost his bid to overturn his conviction for fatally stabbing a fellow passenger aboard a Metro bus in Highland Park three years ago.

A three-justice panel from California's 2nd District Court of Appeal rejected the defense's contention that there were errors in the trial of Allan Jay Milton, who is serving a 26-year-to-life term for the Nov. 9, 2015, killing of Phillip Melendez of Los Angeles.

The defendant did not dispute that he killed the victim, but argued the jury was wrongly precluded from considering his theories of self-defense in closing arguments.

Milton was seen on bus surveillance video stabbing Melendez, whom he told jurors was the ex-boyfriend of his on-and-off girlfriend.

In a 31-page ruling, the appellate court justices found that the evidence "amply supports" Milton's conviction, along with a finding that the defendant planned the murder.

"... There is no evidence that Melendez responded to defendant's provocation with unlawful or deadly force," the justices found. "Indeed, the video shows Melendez remained seated for much of the confrontation and only stood up when defendant more aggressively approached Melendez. And even accepting as true defendant's testimony that when Melendez stood up, defendant believed Melendez was going to fight or hit him, fighting or hitting is not the same as deadly force."

The justices noted that Milton testified that he was very angry with Melendez because he had ignored the defendant's repeated warnings to stay away from Milton's girlfriend.

Milton was convicted last year of first-degree murder, with jurors finding true an allegation that he used a knife during the commission of the crime.

Milton fled when the bus stopped at North Figueroa and Meridian streets, but was arrested the next day by the sheriff's Transit Policing Division.

City News Service; Photo: Shutterstock