Tavion Elting, 18, accused of dropping gun at Smith Haven Mall, arraigned

An East Patchogue teen who allegedly dropped a loaded gun during a Black Friday brawl at the Smith Haven Mall faces felony weapons charges, Suffolk County District Attorney Ray Tierney said Monday.

Tavion Elting, 18, appeared for arraignment in Riverhead on Friday before acting Supreme Court Justice Anthony S. Senft, who ordered him held on $50,000 cash, $100,000 bond or $500,000 partially secured bond. Elting is scheduled to return to court on Jan. 13.

He is charged in an indictment with two counts of second-degree criminal possession of a weapon and one count of criminal possession of a weapon. If convicted on the top count, he faces up to 15 years in prison.

“He pleaded not guilty,” said Elting’s attorney, John Halverson. “We look forward to defending these false charges.”

According to Tierney’s office, Elting participated in a fight in the crowded food court of the mall in Lake Grove just after 7 p.m. on Nov. 29 — Black Friday, perhaps the busiest shopping day of the year.

Elting was struggling with another person when a loaded 9 mm pistol allegedly fell out of his pocket and onto the mall floor. A bystander kicked the gun away and another bystander then placed it in a safe location until it was recovered by Suffolk police officers, Tierney said in a statement.

“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,” Tierney said. “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.”

Witnesses recorded Elting dropping the weapon with cellphone cameras, as well as the defendant frantically searching for the gun. They shared the videos with police, who were able to quickly identify and apprehend Elting, the district attorney's statement said. The 9 mm gun had a round chambered, meaning it was immediately ready to be discharged.

Elting had been arraigned on felony weapons charges on Nov. 30. District Judge Bernard Chen ordered Elting held on $5,000 cash, $10,000 bond and $50,000 partially secured bond.