Witnesses Say 2nd Person Was Displaying Gun During Hamilton Place Mall Stampede Incident; 2nd Person Was Injured

  • Friday, March 9, 2018

Witnesses testified on Thursday that a second person was displaying a gun during a "stampede" incident at Hamilton Place Mall on Feb. 24.

Witnesses said a person coming down an escalator saw an individual hand a gun to 18-year-old David Ballard, then the unidentified man pulled his own gun and aimed it toward Ballard and his group.

Defense attorney Lloyd Levitt called the man "a vigilante going around waving a gun" and said he was the one who started the panic at the mall that was crowded with patrons on a Saturday night.

However, prosecutor Cameron Williams said the man was "a concerned citizen" who was trying to protect others at the mall.

Following a lengthy hearing in which videos of a gang fight and the display of guns were shown General Sessions Court Judge Gary Starnes bound charges of aggravated riot, reckless endangerment and unlawful possession of a gun to the Grand Jury against Ballard.

Judge Starnes said it was Ballard "who put the wheels in motion" for the mad dash from the mall. He said he endangered hundreds of patrons by fighting and pulling a gun,

Also at the hearing, it was testified that a second person was hurt during the stampede. Witnesses said the manager of a store at the mall was knocked down and suffered a broken tibula. He is now in a cast and on crutches.

A woman who was 26 weeks pregnant was knocked down and trampled by two different people running from the mall, Detective Jared Hamilton said. He said a citizen took her to a nearby hospital.

Kim Noorbergen, director of mall security, said she was off that night, but got a call from her assistant manager. She arrived at 6:15 p.m. The incident began just after 6 p.m.

She said it was "still kind of chaotic" at the mall as police officers with guns drawn were clearing the section near Sears. She said there was a report that a gunman had left the mall, then ran back in so the rest of the mall was also cleared.

Ms. Noorbergen, who was with the city police for 28 years, said a "mallcast" had gone out in which store managers are told to lock their doors and retreat with customers and employees to the back of their stores. She said some employees and customers were still locked in stores.

That night, she said, "was extremely busy" with hundreds of customers. She noted it was "income tax time" which added to the crowd.

Ms. Noorbergen, who said Hamilton Place features 357 cameras, said no evidence was found that any shots were fired, but there was some property damager including planters knocked over and papers scattered on the floor.

Detective Hamilton said a path of damage could be seen at the Rodizio Grill, with tables knocked over, glasses smashed and silverware strewn about.

He said video shows a fight breaking out inside the mall at 6:03 p.m. between rival Crips and Bloods gangs. He said Ballard is with the Bloods.

The witness said Ballard is shown with a gun with an extended magazine sticking out of his waistband. At one point he pulls the gun and places it by his side before returning it to his waistband.

It was testified that at one point a black female is seen with a gun, and it is not known if that is the same gun that Ballard had that night.

Detective Hamilton said as Ballard went up the escalator that an associate, Kadarius Coleman, handed him a gun. He said the citizen, who was coming down a nearby escalator, saw the exchange and pulled his gun.

He said the citizen told a security guard, "He's got a gun" and then took off after Ballard.

Detective Hamilton said Ballard is seen leaving the mall at the Sears exit and then ducking down between two vehicles. Afterwards, a Glock 37 with an extended magazine - similar to the one Ballard had in the mall - was found where he ducked down.

He said an extended magazine meant the weapon could hold 30 rounds instead of the normal 15. He said there were 17 live rounds in the gun.

Afterward, three different shell casings were found on the mall parking lot. Detective Hamilton said they were 9mm and not connected to the Glock.

Attorney Levitt asked for a $25,000 bond, saying Ballard has no adult criminal record and is facing the lowest of the felonies, carrying just 1-2 years. He said he would be a favorable candidate for alternative sentencing and is diversion eligible.

Prosecutor Williams said Ballard faced multiple charges in Juvenile Court, including especially aggravated robbery and intimidation of a witness. He said his probation was revoked 14 times.

Judge Starnes raised the bond on the aggravated riot and reckless endangerment charges.

 

 

 

 

 

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