Dauphin County District Attorney Fran Chardo has determined that the use of deadly force by Harrisburg Bureau of Police officers upon Bryan K. Horton, Jr., on June 22, 2024, was justified under Chapter 5 of the Crimes Code. Officers fired upon Horton while attempting to make a felony arrest while he was in his vehicle. Horton refused to comply with orders. Horton then made a series of aggressive movements indicating that he he had a gun and was going to use it. First, he made a movement with his hand towards his waist. Then he made a sudden movement towards the officers with a black object in his hand, simulating a gun. Believing that Horton had a gun, the officers opened fire, wounding him.

Horton received gunshot wounds to the neck, arms, buttocks, and leg. Officers immediately rendered extraordinary aid, saving his life. After treatment for his wounds, the hospital released Horton. Horton is now being held on new felony charges and a federal detainer. The day after the shooting, Horton stated in the presence of medical personnel that he intentionally pretended to have a gun so that police would shoot him. He said that he did this so that he would not have to go back to jail. Horton made this statement to hospital personnel outside the presence of police. Horton had previously served a lengthy federal sentence for cocaine distribution. The Federal Bureau of Prisons released him on August 26, 2022, and he remained under federal supervision.

On the new charges for which Horton was being arrested, he remains presumed innocent. The District Attorney confines his review in such cases to whether criminal charges should be brought against the officers. The District Attorney does not review whether the officers' conduct conformed with departmental policy or whether there may be non-criminal liability.