Lower Marion man convicted of fatal gun incident

NARYSTOWN – A man from Lower Marion who confessed to passing his gun to a neighbor who later used it to fatally shoot a third person faces several years in prison but escaped jail because of his extensive cooperation with police during the murder investigation.

22-year-old Dorian Malik Harris of 200 Greenfield Avenue, Ardmore, was sentenced by a Montgomery County court to three years in prison after pleading guilty to illegally transferring firearms to an unauthorized person and misappropriating funds. communication. due to incidents that occurred on July 10, 2021.

In particular, Harris admitted that he allowed his roommate Mick Sean “Miz” Colbert to access his Glock firearms and used his cell phone to facilitate the transfer of firearms, which Colbert later used to fatally shoot 19-year-old Late Sally. Philadelphia, during a gun deal that went awry in the 100th quarter of Ardmore Avenue in Lower Marion.

Evidence showed that all three men were once classmates and friends.

“It’s a terrible tragedy,” said Judge Wendy G. Rothstein, sentencing Harris.

But Rothstein said that given Harris’ cooperation, which led to Colbert’s arrest, his prison sentence would exacerbate the tragedy. Addressing Evans ‘family, Rothstein said Harris’ “reinforcement” and cooperation allowed detectives to detect and arrest the shooter.

“Our justice system depends on cooperating witnesses,” Rothstein said, explaining the reasons for the verdict.

The judge said that if after two years of probation Harris had no violations, he could apply for early termination of the three-year probation period. As a condition of the sentence, Harris must live with his father or other adult relative for the first two years of probation.

Harris also has 200 hours of community service to complete.

Before learning of his fate, Harris appealed to family members of the victim and apologized for his role in the fatal incident.

“When it happened to him, it broke my heart. I didn’t think any of this would happen, “Harris said, apologizing to the family.

Evans ‘family members testified that their lives had been “destroyed” and that although Harris had not pulled the trigger, he was still responsible for Evans’ death.

Earlier this year, 19-year-old Colbert, who lived with Harris at Greenfield Avenue, was sentenced to 15 to 30 years in prison after he pleaded guilty to charges of manslaughter, illegal sale of firearms and conspiracy in connection with the death of Evans.

In particular, Colbert confessed to shooting and killing Evans, a former schoolmate, while unreasonably believing he was acting in self-defense during a deal to acquire a so-called “ghost gun” from a victim who went awry. More serious charges of first, second and third degree murder were dropped from Colbert under this plea agreement.

A fourth man, 21-year-old Elijah B. Smith of Philadelphia, was previously sentenced to 6 to 12 months in county jail with the next year of probation. after he admitted his guilt before being charged with selling or transferring a firearm to an unauthorized person and conspiring in connection with an incident.

With the charges, prosecutors claimed Smith was a warden during the illegal arms deal between Evans and Colbert. Pleading guilty, Smith pleaded guilty to colluding with Colbert during a gun deal.

“This is a very tragic situation,” said Deputy District Attorney Thomas McGoldrick, explaining that all four men were friends from Lower Marion High School, and he added that the gun seizure had essentially destroyed four lives.

McGoldrick left Harris’s verdict to the judge, but made the judge aware of Harris’s cooperation.

Lawyer John Charles Della Roca advocated for Harris’ sentence without imprisonment, believing that house arrest would be appropriate. Della Roca claimed that Harris was trying to deter Colbert from engaging in an arms deal.

“Apart from the wildest dreams, he did not expect it to happen. He feels awful, “Della Roca said, adding that Harris had no evil will to Evans and that Harris” needed a lot of courage “to” put his cards on the table “with investigators.” It speaks to his character. “

The investigation began around 3 p.m. on July 10, when Lower Marion police responded to the 100th block of Ardmore Avenue with a report of an unconscious man in a car, according to a criminal complaint filed by County Detective Gregory Henry and Lower Marion Detective Brian Leighton.

Officers who arrived found Evans who received a gunshot wound to the face while sitting in the driver’s seat of a Nissan Maxima with the ignition still on. Evans was pronounced dead at the scene.

During the autopsy, a forensic expert found a small silver shell on the left side of the victim’s neck, under the jaw, according to court documents.

When detectives investigated the crime scene, they found $ 500 cash on the floorboard by the driver and a spent Hornady 9mm Luger cartridge case on the back floor by a Nissan passenger, directly behind the driver’s seat, according to the arrest warrant.

Investigators, based on eyewitness accounts, video surveillance, text messages and analysis of mobile phones, claim that Colbert and Smith arranged a meeting with Evans to buy Evans a so-called “ghost gun”. “Ghost gun” is a firearm assembled from do-it-yourself kits or 3D printers, and such firearms cannot be traced because they have no serial numbers and do not require verification.

Detectives claimed that Colbert used a Glock firearm belonging to his roommate, Harris, to fatally shoot Evans during a meeting that was arranged to purchase a “ghost gun”.

At 6 p.m. on July 10, Harris arrived at the Lower Marion Police Department and stated that his pistol, a semi-automatic Glock 19 firearm, had been stolen and “used,” according to court documents. Harris handed the backpack to detectives, informing them that it contained a firearm that he claimed had been stolen earlier that day.

“Harris later admitted to leaving his Glock 19 in a dungeon, which allowed Colbert to take the gun so he could be safe while talking to Evans,” Henry and Leighton said in a criminal complaint.

Witnesses to video surveillance and eyewitness testimony confirmed that Harris was not present at the time of the shooting.

In an interview with detectives, Harris claimed that Colbert had been negotiating for several days to buy a “ghost gun” from Evans, and that Evans originally wanted to sell the gun for $ 1,000, but according to the criminal complaint, Colbert had only $ 600.

Harris allegedly told detectives that Colbert later returned to Greenfield Avenue, which they shared, and told him that he shot Evans in the face, and Colbert handed Harris a Glock 19 weapon.

“Harris said Colbert also had a 9mm” ghost pistol “that he took from Evans after the shooting,” said Henry and Leighton.

When detectives searched Harris and Colbert’s bedroom at Greenfield Avenue, they found a “ghost gun” believed to be the victim.

When detectives downloaded the contents of Harris’ cell phone, they found text messages from Harris and Colbert dated July 7, in which Colbert told Harris that he planned to buy Evans a “ghost gun”, according to court documents. Detectives claim that Colbert also told Harris that he would shoot Evans if the deal went wrong.

Court documents show that Colbert told others after the shooting that he was trying to buy a gun from someone near Ardmore Community Center when a man allegedly pointed a gun and Colbert shot him.