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Tavion Elting, of East Patchogue, was indicted for criminal possession of a weapon and related charges in Suffolk County Court on Friday, Dec. 20.
Prosecutors said Elting was involved in a fight in the food court at Smith Haven Mall in Lake Grove just after 7 p.m. on Friday, Nov. 29.
As the teen was struggling with another individual, a loaded 9mm pistol fell out of his pocket and onto the mall floor, according to investigators. A bystander kicked the gun away and another bystander secured the weapon until Suffolk County Police arrived.
Several bystander videos showed Elting dropping the gun and frantically searching on the ground for the weapon, prosecutors said. Officers used the footage to identify and quickly apprehend the teen.
According to investigators, the pistol was loaded with a round in the chamber, ready to fire.
“A loose loaded gun and a hot-tempered brawl in a crowded mall on Black Friday. This incident was just one breath away from becoming a total nightmare,” said Suffolk County District Attorney Raymond 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.”
Elting is charged with two counts of criminal possession of a weapon and one count of criminal possession of a firearm, all felonies. He remains in custody on a $100,000 bond.
If convicted, Elting could face up to 15 years in prison on the top count.
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