Man Indicted In Connection With Black Friday Brawl At Long Island Mall: DA

RIVERSIDE, NY — An East Patchogue man has been indicted on weapons charges in connection with having a loaded 9mm gun that fell out of his pocket during a brawl at the crowded food court in Smith Haven Mall on Black Friday, Suffolk County District Attorney Ray Tierney said Monday.

Tavion Elting, 18, has been charged with two counts of second-degree criminal possession of a weapon, and one count of criminal possession of a firearm.

The judge ordered him held on $50,000 cash, $100,000 bond or $500,000 partially secured bond during the pendency of the case. He is due back in court on Jan. 13, and faces a maximum of 15 years in prison if convicted on the top count.

Tierney said that the combination of "a loose, loaded gun and a hot-tempered brawl" in a crowded mall on Black Friday " was "just one breath away from becoming a total nightmare."

“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," he added.

Patch has reached out to his defense attorney, John Halversen, for comment.

On Nov. 29, 2024, just after 7:00 p.m., Elting took part in a fight in the crowded food court area of the Smith Haven Mall, and while struggling with another person, a loaded 9 mm pistol fell out of his pocket and onto the mall floor, according to prosecutors.

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 police officers, prosecutors said, adding that several witnesses captured Elting dropping the weapon on cellphone cameras, as well as him frantically searching on the ground for the gun.

They shared these videos with police, who were able to quickly identify and apprehend him, according to prosecutors.

A subsequent examination of the firearm revealed that not only was the weapon loaded, but the gun also had a round chambered, meaning that it was immediately ready to be discharged, prosecutors said.