‘It Could Be Anywhere’: Missing Gun, Contradictory Reports Raise Troubling Questions in Felony Case Against Black Teen
Shamar Mack, an 18-year-old Black man, is facing a felony charge of carrying a concealed firearm while underage after he was pulled over and arrested […] ‘It Could Be Anywhere’: Missing Gun, Contradictory Reports Raise Troubling Questions in Felony Case Against Black Teen
Black News Shamar Mack, an 18-year-old Black man, is facing a felony charge of carrying a concealed firearm while underage after he was pulled over and arrested last year in South Florida.
But the gun belonged to his 21-year-old passenger, Omar Bautista Jr., a legal gun owner, according to Mack’s defense attorney, Jack Palermi.
The firearm has since gone missing while in the custody of the Miami-Dade Sheriff’s Office, which conducted the traffic stop on Nov. 6, 2025.
“There is no video evidence of a firearm,” Palermi said in a telephone interview with Atlanta Black Star. “There are no property receipts of a firearm. There are no evidence receipts of a firearm.”
“Most damning, when I spoke to Mr. Bautista, he said he never received his firearm back. So, there is a very serious question that remains unanswered: what happened to the firearm?”
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The Arrest
Deputies claim they attempted to pull Mack over after he made a right turn without signaling. According to their reports, Mack then sped off, leading officers on a pursuit lasting several miles before stopping.
They further allege that Mack attempted to conceal an object that turned out to be the firearm. He is charged with three felonies: carrying a concealed weapon while underage, fleeing and eluding a police officer, and reckless driving. Those charges remain pending.
Bautista, meanwhile, was charged with resisting arrest without violence, but prosecutors declined to pursue the case.
Palermi said Bautista informed deputies about the firearm as soon as they approached the vehicle – a detail not mentioned in Bautista’s arrest report. Video evidence also shows Bautista telling the deputies about his gun and concealed permit.
“But now my client is the one being charged with possessing Mr. Bautista’s gun,” Palermi said. “More troubling is that I’ve not seen any evidence of what happened to the firearm.”
Video Evidence Contradicts Arrest Reports
Palermi said he reviewed 20 body camera videos from the arrest, but none shows the alleged pursuit or the initial interaction during the stop. Atlanta Black Star also reviewed the footage and confirmed those findings.
Instead, most of the videos begin after both men were already seated on the sidewalk in handcuffs. One video begins once the cops have the men on the ground with their knees on them.
The videos mostly show at least eight cops standing around, laughing and joking with each other.
“Multiple officers just sitting around, earning overtime, earning their salary doing nothing,” Palermi said.
In one clip, Bautista can be heard informing deputies about the firearm.
“Hey, in my bag is my firearm and my concealed card,” Bautista says.
“OK, you got your gun in the car?” a deputy responds.
Bautista confirms and reiterates that his concealed weapons permit is in the bag.
Palermi argues that deputies deliberately shaped their reports to justify charging Mack with a felony offense that carries a potential five-year prison sentence.
In Mack’s arrest report, deputies make no mention of Bautista in the narrative section, creating the impression that Mack was alone in the vehicle.
Conversely, Bautista’s arrest report identifies him as a passenger but does not refer to the firearm.
“It’s not a mistake; it’s beyond a mistake,” Palermi said.
“You left out Mr. Bautista because if you included him, you could not have charged Mr. Mack with the crime.”
“They are essentially constructing a narrative to support charges against a young Black man.”
“Why is Bautista not mentioned in Mack’s report when Mack is mentioned in Bautista’s report?”
“It’s perjury by omission — nothing short of that.”
“They are literally staging evidence and falsifying charges against a young Black man,” he said.
Watch the video below.
Gun Missing from Inventory Records
Palermi said he reviewed official inventory logs and found no record of the firearm.
“There is no record, and there is now a firearm unaccounted for,” he said.
“The last known party in possession of it was law enforcement. That raises serious concerns.”
Prosecutors have not yet provided an explanation but are expected to hold internal discussions with the officers involved.
Palermi said cases like this can become problematic because prosecutors often rely heavily on arrest reports rather than video evidence, effectively taking officers at their word.
However, he said he has been in communication with prosecutors and believes the charges against Mack will ultimately be dismissed.
Even if that happens, the question of the missing firearm remains unresolved.
“No one should be comfortable with a gun that’s unaccounted for, especially when law enforcement last had possession of it,” Palermi said.
“What I don’t want to see is that same gun later tied to another case — where some other young Black man is accused of a serious crime — with no record of its chain of custody or serial number.”
“It could be anywhere. And the last people that we know of from reports to have the gun is law enforcement. That is a very scary proposition.”
“That law enforcement has in their possession an unaccounted firearm that did not belong to the officers or the department.”
