EAST PATCHOGUE MAN INDICTED FOR POSSESSING LOADED PISTOL AT SMITH HAVEN MALL

(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that Tavion Elting, 18, of East Patchogue 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. 

“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 District Attorney 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.” 

According to the investigation, on “Black Friday,” November 29, 2024, just after 7:00 p.m., 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 mm 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 chambered – meaning that it was immediately ready to be discharged.

On November 30, 2024, Elting 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, 2024, Elting was arraigned on the present indictment before Acting Supreme Court Justice Anthony S. Senft, Jr. for two counts of Criminal Possession of a Weapon in the Second Degree, Class C violent felonies, and one count of Criminal Possession of a Firearm, a Class E Felony.
    
Justice 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. He is being represented by John Halvorsen, Esq. 

This case is being prosecuted by Assistant District Attorneys Melisa Bliss and Mary Skiber of the Violent Criminal Enterprises Bureau, and the investigation was conducted by Detective James Gonzalez of the Suffolk County Police Department’s Fourth Squad.

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Criminal complaints and indictments are merely accusatory instruments.
Defendants are presumed innocent until proven guilty. No one is above the law.

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