Shooter cleared in Dayton Mall shooting

Published: Saturday, December 20, 2014 @ 10:26 AM
Updated: Friday, January 09, 2015 @ 1:58 PM


            No one has been formally charged in Dayton Mall death
No one has been formally charged in Dayton Mall death

UPDATE @1:40 p.m. Jan. 9, 2015:

A man who shot and killed a teenager during an attempted armed robbery last month outside the Dayton Mall has been cleared of any felony related charges.

After reviewing the evidence, the adult shooter’s claim of self-defense was confirmed, according to a release from the Montgomery County Prosecutor’s Office.

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Jawaad Jabbar, 16, was shot and killed outside the Dayton Mall on Dec. 20 during an attempted robbery. Police said Jabbar displayed a loaded handgun and attempted to rob an adult male, a valid CC permit holder, who pulled out his own handgun and shot Jabbar.

Two juveniles, 16 and 17, were arrested and placed in the Montgomery County Juvenile Justice Center on charges ofmurder, aggravated robbery and complicity to commit aggravated robbery. The 17-year-old juvenile has seen been released because there is insufficident evidence that he was part of the robbery, according to the release.

Under Ohio law, an individual can be culpable for any death that occurs during the commission of an aggravated robbery, including the death of an accomplice.

UPDATE @ 8 p.m., Dec. 22, 2014:

Key developments in the fatal shooting outside the Dayton Mall on Saturday:

  • Jawaad Jabbar, 16, was shot to death outside entrance to hhgregg store

  • He, 2 others were trying to rob a man of a limited pair of basketball shoes, police say

  • Police have not named the male who shot the teen, in front of witnesses
  • He has a concealed-carry permit and has been questioned
  • The two other teens who were with Jawaad are in custody

 

“All the subjects involved in this were there for an athletic shoe release,” Miami Twp. Police Sgt. Jay Phares told reporters Monday. “The juvenile wasn’t able to get in line in time to get these shoes that were being sold and decided to try to take them from somebody who did get some shoes, with force with a firearm.”

Phares would not release the name of the shooter, who has been questioned but not arrested or charged.

“We’re looking at everybody and everything,” Phares said when asked about criminal charges.

According to the Miami Twp. police incident report, at least four adult males — ages 66, 48, 42 and 26 — witnessed the shooting. The 26-year-old was also listed as a victim. No other details about that victim were immediately available.

The shooter and another adult male came out of the mall and were approached by three male juveniles, including Jawaad.

“When he was threatened with the firearm, he drew his firearm and discharged it into the juvenile,” Phares said. “What’s tragic is that somebody lost their life over tennis shoes.”

The remaining juveniles fled after the shooting, which occurred about 10 a.m. One was caught on the mall’s south lot. The other was arrested in Middletown, according to Phares.

Monday night, both juveniles, ages 16 and 17, remain in the Montgomery County Juvenile Intervention Center pending the filing of formal charges, according to Phares. It is unclear what charges, if any, will be filed.

Police seized both the shooter’s gun and the gun that was with the juveniles.

Derrick Moore, father of one of the arrested teens, said he was confused because his son had the money to buy the new athletic shoes.

“His mom and me gave him some money to go get them,” Moore said Monday. He said his son told him he wanted to go to Dayton to buy the new Air Jordan shoes being released Saturday. “’I’m going to be the first one there.’ That’s just what he told me.”

Moore said his son and the other teen arrested drove to Dayton on Friday night to spend the night at his son’s mother’s house before going shoe shopping. It is unclear when Jawaad, whose nickname is “JJ,” came in contact with Moore’s son and the other teen who was arrested.

“My son got around the wrong guy,” Moore said. “He wasn’t brought up like this; He wasn’t raised in the streets.”

UPDATE @1:55 p.m., Dec. 22, 2014: Police said a teenager who was shot and killed outside the Dayton Mall Saturday attempted to rob a man at gunpoint for a pair of shoes.

In a news conference Monday afternoon, police said the fatal shooting happened after a limited release of an athletic shoe.

Three juveniles who were not able to get the shoes and attempted to rob a man who had just bought them. One of the juveniles displayed a firearm. The man the juveniles attempted to rob had a valid concealed carry permit through Ohio, and he discharged his firearm at the juvenile who was armed.

That juvenile, identified as 16-year-old Jawaad Jabbar, died.

It’s unclear if the two other juveniles were armed. The man who fired the weapon is a private citizen.

The shooting happened on the sidewalk on the north side outside the Dayton Mall.

No one has been formally charged, but the two other juveniles involved in the attempted robbery are in custody.

UPDATE @12:15 p.m. Dec. 22, 2014: A juvenile shot and killed at the Dayton Mall Saturday attempted to rob an adult at gunpoint, according to a statement from the Miami Twp. Police Department.

Three juveniles from Middletown approached two adult males, and one of the juveniles produced a firearm and demanded merchandise, according to the release. One of the adult males, a valid Concealed Carry Weapon permit holder, produced a firearm and shot the juvenile who showed the gun.

The juvenile, identified as Jawaad Jabbar, 16, was struck by a single round. He was pronounced dead.

All suspects in the case were apprehended, according to the release. They were at the mall to attend a limited athletic shoe release sale, and the groups did not know each other, according to the release.

UPDATE @11 a.m. Dec. 22, 2014: Two juveniles have been arrested in the Saturday morning shooting at the Dayton Mall, according to a police report.

The teen killed, Jawaad Jabbar, is listed as both a suspect and victim on the police report.

Sam Ison, Middletown schools superintendent, said he was “very saddened” to hear about Jabbar’s death. He said the district will be supportive of the students, the student’s family and the community.

On Saturday, when news of the death spread, Ison said some of the city’s ministers attended the girls basketball game because players were upset.

He said if students need counseling ministers will be “ready to go” at the high school.

Monday was the first day of Christmas break for the district.

UPDATE @ 8 a.m. Dec. 22, 2014: The Montgomery County coroner confirmed that Jawaad Jabbar died of a gunshot wound.

UPDATE @ 7:45 p.m. Dec. 21, 2014: The teen killed in a Saturday morning shooting at the Dayton Mall was a football player at Middletown High School.

The Montgomery County Coroner’s office said that Jawaad Jabbar, a sophomore, died at the hospital following an incident near one of the mall entrances. His death is considered a homicide, the Montgomery County Coroner’s Office said Saturday.

The incident initially was dispatched as a shooting. Witnesses, who were present while a male was lying motionless and face down on the pavement, said that it appeared to be a shooting.

Miami Twp. police did not return several messages seeking comment Sunday and were not available at the police station. Officers were seen Sunday at the scene of the incident taking more photographs, but it was not clear what evidence they were looking for.

Several questions remain unanswered, including whether the death was the result of a robbery attempt and whether anyone is in custody.

Investigators did return to the scene Sunday to take more pictures.

The mall’s management has deferred all questions to police.

Calls and messages to Middletown High School officials were not returned as of Sunday evening, but the Middletown Middies official Twitter account posted this message Saturday:

“Today we lost a loved one. An athlete. A Middie. Rest in peace Jawaad Jabbar (JJ) and all of our prayers go to his family. #41Forever.

Jabbar, 16, was listed on the Middies roster as a strong safety.

Miami Twp. police Sgt. Rex Thompson said Saturday that the victim was with a group exiting the mall when they were approached by another group they didn’t know.

One witness who wished to remain anonymous said she heard a young female scream, “Oh my God, he’s been shot!”

Thompson said that the mall is still a “very safe” place, but advises people to stay alert when out in public.

“Keep your head up. Stay focused,” he said. “You just always want to be very attentive. And you may witness something to help someone else out. It may not be you as the victim, but you could help someone else down the line.”

Police are asking for any witnesses to help with the investigation by calling the regional dispatch center at (937) 225-4357.

UPDATE @ 12:41 p.m. Dec. 21, 2014: Jawaad Jabbar, 16, of Middletown, has been identified as the male who was killed in the Dayton Mall incident on Saturday, according to the Montgomery County coroner’s investigator.

The coroner’s office would not released the preliminary finding for cause of death.

UPDATE @ 10:20 a.m. Dec. 21, 2014: Notification to next of kin of the deceased is still being made this morning and the male’s identity is not being released at this time, according to the coroner’s investigator.

Police have yet to release any further details about the investigation.

Some key questions we’ve asked remain unanswered.

  • Was there gunfire and was the male shot?
  • Is the death the result of a robbery attempt?
  • Are police looking for a suspect?
  • Has anyone been arrested in connection to the incident?

 

UPDATE @ 5:30 p.m. Dec. 20, 2014: Miami Twp. Sgt. Rex Thompson said the male who was killed was with a group exiting the mall when they were approached by another group they didn’t know.

“We rounded up several people that we wanted to talk with,” Thompson said. “If we don’t have everyone involved, we will.”

Investigators took statements from several witnesses and reviewed surveillance video.

Thompson called the event “a random act that can happen anywhere in this day and age.”

He assured that the mall is still a “very safe” place to shop, but advises people to stay alert when out in public.

“Pay attention to your surroundings,” he said. “Know who’s around you. Know who’s beside you, who’s behind you at all times.”

Police caution tape marked the crime scene for several hours, but store and mall entrances remained open and shoppers were undeterred.

Dustin Lamb of Springboro seemed to take it all in stride.

“Looks like a shooting,” Lamb said. “It’s that time of season. People are out trying to hurt … rob, whatever.”

As a concealed carry holder, Lamb said he wasn’t too concerned about his safety.

“If someone attempts, I’m prepared,” he said.

Xenia resident Michael Lane said he has taken measures to protect himself and family because “stuff like this seems to happen all the time.”

“Shouldn’t be having to come out today and see something like this. This time of year or any time of year for that matter,” Lane said.

Police are asking for any witnesses to come forward and help with the investigation by calling the regional dispatch center at (937) 225-4357.

UPDATE @3:58 p.m. A male was killed in the altercation and the death is considered a homicide, according to an investigator with the Montgomery County Coroner’s Office.

The deceased’s identity was not released.

The preliminary cause of death has not been released.

UPDATE @2 p.m. Crime scene tape remains in place at the scene.

Police have not released any further details, but witnesses have sent photos to News Center 7 that show what the scene looked like in the moments after the incident.

The photos show a male lying face down on the pavement.

One witness who wished to remain anonymous said she heard a young female scream, “Oh my God he’s been shot.”

UPDATE @12:25 p.m. At least one person was taken to the hospital after an altercation between two groups of people outside an entrance to the mall, according to Miami Twp. Sgt. Rex Thompson.

Thompson said a group of people were exiting the mall when they were approached by another group they didn’t know.

Police said no one is in custody, contrary to early reports.

Officers are reviewing surveillance video and interviewing witnesses to determine exactly what happened.

Further details have not yet been released.

Officers at the scene were observed collecting some bags of merchandise that were abandoned.

UPDATE @11 a.m. Police put up caution tape around the scene of the investigation, but store and mall entrances remained open.

Shoppers were coming and going as Miami Twp. officers conducted the investigation.

A police official said it was too early to provide any information about what happened.

FIRST REPORT

Police and a medic in Miami Twp. are responding to the Dayton Mall where one person was reported shot outside of one of the stores.

An officer patrolling near the area reported hearing a loud bang then discovered a person had been shot around 10:10 a.m., according to early reports.

We have a crew en route and will provide updates as more information becomes available.