Though the possibility of criminal charges apparently has evaporated like water in a wash bucket that also contains a Belgian gun, Colts receiver Marvin Harrison has been sued by the man who was shot in April by the weapon that Harrison owns, according to David Gambacorta of the Philadelphia Daily News.
The defendant intentionally and outrageously shot the plaintiff,” asserts the civil complaint filed by David Dixon.
We’re confused by this development, given past reports that Harrison wasn’t charged criminally for the shooting because the victims (Dixon and a young bystander struck by flying glass) had been “less than fully cooperative.”
Well, one of them is talking a blue streak now, Jack.
“Look, it’s our position that Marvin Harrison was the shooter,” Dixon’s lawyer said.
Actually, Dixon initially told police that he had been wounded while driving in West Philadelphia.  Dixon then recanted and said that Harrison shot him.  As a result of the flip-flop, Dixon has been charged with making a false report to police.  (It’s unclear at this point which report the police regard to be false; perhaps it doesn’t matter.)
As the civil litigation unfolds, Harrison will eventually be required to testify under oath at a deposition.  But Harrison notoriously avoids speaking to the media (or, possibly, to anyone).  Moreover, he could invoke the Fifth Amendment privilege against self-incrimination, which would protect him from a prosecution but which would be the kiss of death for the civil suit, during which the assertion of the Fifth Amendment rights would be admissible at trial, prompting most reasonable jurors to conclude that Harrison did it.
This development also cries out for a full explanation from the authorities in Philly regarding the failure to file charges against Harrison, given that the guy who was on the wrong end of the gun Harrison owns says that Harrison was the shooter.


  1. Option 1: Philly police do less than a stellar job don’t follow-up on initial reluctance of witnesses to testify.
    Option 2: Victim considers testifying but decides to pursue private action for his satisfaction.
    My bet?…. Flip a coin

  2. Florio must have had an erection to post this anti-Colts story.
    Shocked that he didn’t somehow make this Polian’s fault.

  3. “intentionally and outrageously shot”
    Wonder what value ‘outragelously’ adds to the complaint. Would it be less expensive for Harrison if he shot him some way other than outrageously? Perhaps ‘politely shot’ or ‘slightly rudely shot’ him?

  4. Hey Florio this shoots a hole in your comment in a article you wrote awhile back hinting that there was a pay off to keep this quite.

  5. “The defendant intentionally and outrageously shot the plaintiff,” reads one portion of the lawsuit, while another section states that Dixon, 32, was shot by someone else who used Harrison’s gun.
    Hmm, just cant make up his mind it seems.

  6. Considering this is the City of Philadelphia we’re talking about,it doesn’t surprise me in the least that this case was handled so badly…..

  7. I like this part…
    The lawsuit, filed last month, seeks $100,000 in damages — and seems designed to go forward regardless of whether Harrison is charged. According to the Daily News, one section of the lawsuit reads “The defendant intentionally and outrageously shot the plaintiff,” while another section of the complaint claims Dixon was shot by someone else using Harrison’s gun.
    “Look, it’s our position that Marvin Harrison was the shooter,” said Robert M. Gamburg, Dixon’s attorney, according to the Daily News. “But even if you believe the other theory, Marvin’s gun was still used in the shooting, so he was negligent for leaving the weapon where someone else could obtain it.”
    So I guess they are saying we don’t care who shot who, we just gots to get paid.

  8. Maybe the guy didn’t realize who it was when he didn’t talk to police. Once he hears a NFL star’s name he all of a sudden wants in on it and now wants to sue for big bucks. After he says he was injured driving his car, someone mentions that Marvin Harrison is involved and this guy realizes there’s money to be had by saying it was Marvin. I think this guy’s credibility is pretty non-existent at this point and could easily be used to sway a jury.

  9. “intentionally and outrageously shot”
    Whacky, crazy, outrageous Marvin has always been the life of the party.

  10. Gosh, what a surprise. I thought Marvin’s gun walked out of his garage, shot someone randomly, and then walked itself back to his garage again.

  11. It’s simple, the guy who really shot him has no money. Marvin Harrison does. Who to sue becomes a really easy decision to make at that point.

  12. “Florio must have had an erection to post this anti-Colts story.”
    How is this an “anti-Colts” story? It is a fact of public record. It’s not Florio’s opinion. And we all know that Polian had nothing to do with this….he is too busy trying to figure out how to rig the rules to get the Colts over .500.

  13. Thanks a lot for this update. This episode is one of the reasons I joined this site. I wasn’t finding much on “mainstream” sites.
    This story and Matt “Booger Sugar” Jones are neck in neck for “Turd Watch Under the Radar Story of the Year.”

  14. When the h_ _ _ is this going to be cleared? The case is still open. What are they waiting for? Marvin has a temper and he thinks he above the law. Come on folks, if this was an ordinary person the case would have been closed by now. Marvin and the Colts are buying someone.

  15. icase – I agree with the end of that post, that dude has no crediblity, but Marvin and this guy were fueding for weeks before he got shot. They also went to school together, and knew each other from the neighborhood growing up. Marvin will pay half of what this guy is asking for, and everything will go away.
    And Florio, lay off the authorities in Philly some. They have nothing to go on but the word of a liar. If I told the Wheeling PD that a masked man robbed Sheetz, but then told them it was actually you, do you think they would believe me??

  16. While I don’t get the verbage used with the civil papers, one fact of this whole deal was that Marvin’s gun was used involved in this instance. That was established along time ago. How many of you would be saying heh it’s no big deal, if it was you, Colts fans or not. Point of the matter is, Marvin’s gun was discharged, it makes no difference whether the individuals were hurt by the glass or bullet. The injuries resulted from the discharging of the firearm in question. Marvin is the liscensed owner of said firearm, Marvin has control over where gun is located, if someone else took gun, then Marvin needs to turn that information over to D.A. This whole thing screams of coverup from the begining, if anyone else had let their firearm be used in the comission of a crime their a– would have been in jail a long time ago. As an owner of firearm’s I find this case disturbing, you own the weapon, you are responsible for any harm coming from that weapon, unless you can establish that they weapon was stolen or used without permission, that would absolve you of responsibility for said injuries. Marvin hasn’t stated anything through his attorney or his own words to the best of my knowledge. How many others have been punished by the NFL for their issues with the law while Marvin’s issue was dead less than a week after the news came out?

  17. All the Colt fanboys are in denial. And by denial, I mean their noble hero is a murderous thug. And St Dungy is a thug enabler. Tell us more about God, Tony. These are the same knuckleheads who said O.J. was innocent.

  18. FLASH: Las Vegas newspaper prints pictures of OJ shooting victim with Harrisons gun. According to OJ, he thought the victim was one of the killers he has chased through golf courses everywhere, besides he saw the guy was wearing the same tie he had on the day he was aquitted 13 years ago!

  19. Fact: It was Marvin gun.
    Fact: Marvin lied to the police about the whereabouts of his gun.
    Fact: Victim shot running from a pub owned by Marvin.
    Fact: Marvin and victim had verbal confrintations days prior to shooting and agian moments befor shooting.
    Speculation Guilty > not guilty.

  20. Is it a fact that Marvin lied to the police about the gun?
    The gun wasn’t found in a bucket of water either was it? But why let actual facts get in the way of a good story.
    As a Colt’s fan I think it is possible that Marvin was involved, but possible is a long way from fact.

  21. The burden of proof in civil actions is less than the burden of proof in criminal actions. The burden in most civil actions is a preponderance of the evidence i.e. that is more likely than not. The burden in criminal actions is beyond all reasonable doubt.
    It is much easier to prove a case in civil court than in criminal court. See OJ Simpson. It is quite possible that there is sufficient evidence to find Harrison liable in civil court, whereas the same evidence would not warrant a conviction.
    As to the “flip-flops” it is standard pleading practice to plead causes of action in the alternative. Should the evidence show that Harrison was not the shooter, the plaintiff has an alternative theory for which to find Harrison liable.

  22. Gene Boumenot says:
    October 8th, 2008 at 12:14 pm
    When the h_ _ _ is this going to be cleared? The case is still open. What are they waiting for? Marvin has a temper and he thinks he above the law. Come on folks, if this was an ordinary person the case would have been closed by now. Marvin and the Colts are buying someone.
    How idiotic, if Marvin and the Colts are buying someone don’t you think it would be this money grabbing ex-con that they would of bought off in the first place.

  23. TCLARK where was it said that Marvin lied about where his gun was? BTW, the guy was shot near the carwash, not the bar. And I’m not so sure they had a confrontation moments before the shooting. The last thing I read was there was a confrontation at the bar and later the guy came to the carwash looking for Marvin, but he wasn’t there.

  24. Frick
    The gun was found in a bucket at Marvin’s car wash while being questioned by the police. This was AFTER he said Yes I own that type of gun but it never leaves the house.
    Don’t forget the OJ style chase with reporters he had at the airport.

  25. I have a feeling that the guy who was shot would not make the best witness for the prosecution, or else Marvin would have been charged already.

  26. I know its a civil case, but what if they rule against Harrison. I wonder if that will earn him a suspension.

  27. if marvin harrison was a member of the patriots, or even a team like the cowboys, this would be frontpage news. instead, it has been burried…

  28. Ask yourself this….If you were shot by Marvin Harrison, or someone using his gun, would you look to sue and get a HUGE payday??? Of course you would.

  29. “he is too busy trying to figure out how to rig the rules to get the Colts over .500.”
    Great point. Cause if the fanbase of any NFL should know about “rigging the rules” it’s Masshole Pats fans.
    And your QB and team? Still hurt and still irrelevant. Thanks for playing.

  30. C’mon Florio, you’re an attorney. No D.A. is going to charge someone when the victim changes his story about whether he knows who shot him or not. That case would be lost before it even made it through the preliminary hearing. Reasonable doubt was planted the second the victim changed his story. Also, did the victim even say he wanted to press charges? In most crimes, the state cannot prosecute if the victim does not want to press charges.

  31. TBIH says:
    October 8th, 2008 at 6:28 pm
    “he is too busy trying to figure out how to rig the rules to get the Colts over .500.”
    Great point. Cause if the fanbase of any NFL should know about “rigging the rules” it’s Masshole Pats fans.
    And your QB and team? Still hurt and still irrelevant. Thanks for playing.
    What are those teams’ respective records again? Do tell..what RULES have the Pats “rigged”? They got caught and were punished. LOL

  32. The shooting occurred about 5 p.m. Tuesday up the block from a garage and car detail shop that Harrison owns at 25th and Thompson streets, police said.
    Six shots were fired in all during the incident. An unidentified 32-year-old man – who had just been involved in a fistfight with Harrison – took a bullet to the hand. A 2-year-old boy suffered a cut under his eye from shards of glass that showered the area when an errant bullet exploded through a car windshield, police said.
    From there, the story gets complicated.
    The gunshot victim was dropped off at Lankenau Hospital in Wynnewood. Initially, the man told investigators that he had been wounded while driving on 61st Street in West Philly, police sources said.
    Eventually, though, he acknowledged that he had been shot in North Philly. The man refused, however, to identify the person who wounded him.
    Investigators later learned that the gunshot victim had been kicked out of Harrison’s bar, Playmakers, on 28th Street near Cambridge, two weeks earlier, and had bickered with Harrison ever since, sources said.
    On Wednesday, detectives visited Harrison’s garage and detail shop, which he purchased in 2006 for $200,000, according to tax records.
    Sources said that Harrison had a Belgian firearm, an FN5.7, in his garage. Harrison handed the high-powered weapon – which fires armor-piercing rounds – over to investigators.
    He then spent about four hours at Central Detectives, accompanied by his attorney, Jerome Brown.
    Neither Brown nor Harrison’s agent, Tom Condon, could be reached for comment last night.
    During a lengthy interview, Harrison acknowledged owning the gun and being involved in a fistfight on Tuesday, but said he had nothing to do with the shooting, sources told the Daily News.
    Investigators informed him that ballistics tests confirmed that five of the six shell casings found at the shooting scene came from his gun, the sources said

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