COLUMBUS, Ohio (WCMH) — A man sentenced to prison in 1998 for murder has been released after two people recanted their testimony that he was the shooter.
Marvell Dixon was convicted of aggravated murder and felonious assault in 1998 for the killing of Douglas Harvey and for shooting Ervin Nixon. Court records state Harvey and Nixon were the victims of a drive-by shooting at Ohio and Livingston avenues in Columbus on July 19, 1995.
Dixon was originally convicted in the case and sentence to 20 years to life, Franklin County Prosecutor Gary Tyack said in a news release.
In 2016, Dixon filed a motion for a new trial after learning that Nixon was recanting his testimony.
“A hearing was held and Nixon testified under oath that Dixon was not the shooter and recanted his trial testimony. Nixon subsequently pled guilty to Perjury. The trial judge issued a decision indicating that, although Nixon’s recantation was credible, one eyewitness remained – Joe Robinson. The judge accordingly denied a new trial at that point,” a release from Tyack’s office read.
But Dixon filed another motion later that included an affidavit from Robinson also recanting his testimony.
On Wednesday, a hearing was held and Robinson testified that he lied at trial and Dixon was not the shooter. Robinson also pleaded guilty to perjury, and that caused the prosecutor’s office to review the case.
“With both Nixon and Robinson having recanted their trial testimonies, and with no other evidence linking Dixon to the shootings, the State has concluded that the interests of justice require dismissing this case,” Tyack’s office released.
Because Tyack previously served as a judge on the Tenth District Court of Appeals and heard two prior appeals filed by Dixon, he took no part in deciding whether to dismiss this case.