A 10-year-old boy playing with a revolver accidentally shot his older brother in the head on Valentine’s Day, leading to the 12-year-old boy’s death on Thursday, the district attorney’s office announced Friday.
The office said in a statement released Friday afternoon that they had completed their investigation and concluded there would be no criminal charges.
Dauphin County District Attorney Fran Chardo gave this account of the shooting, which occurred just after noon on Feb. 14 in the 2900 block of Sycamore Street:
The parents left their two sons home alone to attend a brunch.
“The brothers were of sufficient maturity that they could be left at home without supervision,” Chardo said.
The boys were playing video games, then the younger boy found a single action revolver hidden on the top shelf of his parents’ bedroom closet. The gun would not fit into the parents’ gun safe because of the length of the barrel.
All other guns in the home were secured in the safe or with gun locks except for this revolver, Chardo said.
The boy pointed the revolver at his brother.
“His intention was to play as they had been doing in the video game,” Chardo said. “He accidentally fired the weapon striking his brother in the head.”
The 10-year-old then ran outside without shoes in the snow to get help. He tried to flag down several passing motorists who did not stop.
But Jeree Clark of Harrisburg saw the boy and stopped to ask what was wrong. The boy responded he needed help because he had shot his brother.
Clark called 911 and secured her own child in her car, then went into the home with the 10-year-old boy to try to help the wounded boy.
“During this entire time, Ms. Clark continued to provide information to the dispatcher until emergency responders arrived,” Chardo said. “The District Attorney will more fully recognize Ms. Clark for her extraordinary response to a tragic situation at a future date.”
The investigation concluded the actions of the 10-year-old boy were entirely accidental, Chardo said.
In addition, the District Attorney determined the parents instructed their children on gun safety and attempted to secure the deadly weapons in the home.
“Tragically, the revolver that caused the death was not secured in the same manner as the other firearms,” Chardo said. “Given the awful loss that this family has already endured, even if a prima facie case existed, criminal prosecution is not in the public interest.”
Chardo said Swatara Township Detective Ryan Gartland and Lieutenant Tim Shatto performed exceptional service in the investigation and Chief Deputy District Attorney Jack Canavan worked closely with the Swatara Township Police Department during the comprehensive investigation.
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