A birthday party in Newport, Oregon this week took a horrific turn when a neighbor opened fire on two men over noisy babies, police said.
Franklin L. Tomes, 59, fired at least 12 rounds from an AK-47 assault rifle toward his neighbors, 20-year-old Jose Gaeta and 20-year-old Tristan Smith, while the three men were outside their apartments around 9:15 p.m. Tuesday, according to an affidavit obtained by OregonLive.
Tomes lives in the apartment unit below Gaeta, and Smith lives nearby.
KPTV reports that Tomes became upset by the noise Gaeta's two babies were making during a birthday party. Tomes argued with the father in the apartment parking lot before grabbing the rifle from his car and pointing it at Gaeta and Smith, according to the affidavit.
Tomes initially put the firearm back, but then retrieved it and opened fire as the two men ran away, the affidavit said.
Gaeta was shot three times, including once in both legs, and Smith was shot once in the shoulder, according to the affidavit. At least seven rounds were fired into Smith's apartment, where his mother and her boyfriend were inside.
According to Newport police, Tomes retreated into his apartment and surrendered five hours later to the Oregon State Police's SWAT unit.
Gaeta and Smith were transported to a nearby hospital in stable condition, police said.
A GoFundMe page was set up to raise money for Gaeta's medical expenses. His family told KPTV that he already had one surgery and may undergo another. There is a chance Gaeta will lose his foot, the family said.
Tomes was taken to the Lincoln County Jail early Wednesday morning on charges of first-degree assault, unlawful use of a weapon and reckless endangering, police said.
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