Loaded Pistol Fell Out of His Pocket during Fight on “Black Friday”
An East Patchogue man has been indicted on felony weapons charges following a brawl in the food court of the Smith Haven Mall on one of the busiest shopping days of the year.
On “Black Friday,” November 29, just after 7:00 p.m., Tavion Elting allegedly participated in a fight in the crowded food court area of the Smith Haven Mall. During the fight, while Elting was allegedly struggling with another individual, a loaded 9-millimeter pistol fell out of his pocket and onto the mall floor.
A bystander was able to kick the gun away from Elting and another bystander then placed in it a = safe location until it was recovered and secured by Suffolk County Police officers.
A number of witnesses allegedly captured Elting dropping the weapon on cellphone cameras, as well as Elting allegedly frantically searching on the ground for the gun. They shared these videos with police, who were able to quickly identify and apprehend Elting. A subsequent examination of the firearm revealed that not only was the weapon loaded, but the gun also had a round in the chamber — meaning that it was immediately ready to be discharged.
On November 30, Elting, 18, was arraigned on a felony complaint in First District Court by Judge Bernard Cheng. While the District Attorney’s Office had requested bail in the amount of $30,000 cash, $60,000 bond, and $300,000 partially secured bond, the court set bail in the amount of $5,000 cash, $10,000 bond, and $50,000 partially secured bond.
On December 20, Elting was arraigned on the present indictment before Acting Supreme Court Justice Anthony S. Senft, Jr. for two counts of second-degree criminal possession of a weapon, both Class C violent felonies, and one count of criminal possession of a firearm, a Class E felony.
Senft ordered Elting held on $50,000 cash, $100,000 bond or $500,000 partially secured bond during the pendency of the case. Elting is due back in court on January 13, 2025, and faces a maximum of 15 years in prison if convicted on the top count.
“A loose loaded gun and a hot-tempered brawl in crowded mall on Black Friday — this incident was just one breath away from becoming a total nightmare,” said Suffolk County District Attorney Ray Tierney. “We will be seeking a prosecution outcome that is commensurate with the dreadful potential of this incident in order to deter anyone and everyone from following in these footsteps.”