Prosecutors in Florida will pursue capital punishment for a 39-year-old man who allegedly opened fire in a busy mall full of last-minute shoppers one day before Christmas Eve, fatally shooting a 40-year-old man and seriously wounding a woman.
The Office of the State Attorney for the Fifth Judicial Circuit on Friday formally filed a notice of intent to seek the death penalty against Albert J. Shell Jr., who last week was indicted by a grand jury on one count of first-degree murder with a firearm in the December 2023 slaying of David Nathaniel Brown, authorities announced.
Shell is also facing two counts of attempted second-degree murder with a firearm and one count of being a felon in possession of a firearm.
According to a news release from the state attorney’s office, prosecutors chose the punishment for Shell due to “the severity of the crime and its impact on the community.”
“The decision is reflective of the gravity of the alleged offenses and the impact on the victims and their families,” State Attorney Bill Gladson said in the release. “The State Attorney’s Office acknowledges the sensitivity of this matter and the impact it has on the community. Our commitment to ensuring justice and holding criminals accountable for their actions remains unwavering.”
As reported by Law&Crime, the targeted public attack took place at about 3:40 p.m. on Dec. 23 at the Paddock Mall in Ocala, Florida.
Ocala police said 911 callers reported an active shooter inside the mall. Cops rushed to the mall and discovered that while there was no active shooter, a shooting did occur. They found one man dead and a woman suffering from a non-life-threatening gunshot wound. The shooter got away.
According to an affidavit obtained by Law&Crime, a witness told police he was standing at Auntie Annie’s Pretzels waiting for his order when he heard several loud “pops” that he initially believed to be balloons popping. He then saw a Black male dressed in black clothing and a red baseball cap running for the mall exit with two off-duty police officers in pursuit with their guns drawn.
Investigators said surveillance footage showed Shell approach Barron outside of a Chik-Fil-A. Within a minute, Barron can allegedly be seen punching Shell, then turning and running away. Shell chases Barron, who falls about 15 feet from where the initial confrontation occurred. Shell then allegedly takes out a handgun and shoots Barron at least once before the gun appears to malfunction, leading Shell to “rack the slide” of the firearm.
Barron gets up and runs about 83 feet with Shell still giving chase, police said. Shell then “shoots him again and engages in a physical altercation with Barron on the ground in front of Starbucks. Shell then appears to shoot (Barron) in the head, ultimately killing him.”
Shell was arrested on Jan. 8, 2024, by Ocala Police, Marion County Sheriff deputies, and U.S. Marshals.
Records show Shell has an extensive arrest history, the latest coming in July when he is accused of beating up his girlfriend in front of her 6-year-old son because he thought she was cheating on him. A probable cause arrest affidavit reviewed by Law&Crime says Shell grabbed her hair and dragged her to the bathroom, where he slammed her head on the tile. He also allegedly choked her.
The woman’s son told cops Shell “punched and kicked and punched mommy” and “mommy needed to say sorry to make it better.” Shell also is charged with witness intimidation because he called the victim a “snake” for cooperating with police, records show. That case remains ongoing.
David Harris contributed to this report.
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