Newport man upset over noisy kids accused of shooting 2 neighbors with AK-47 rifle
A Newport man is accused of attempted murder after police say he shot two of his neighbors Tuesday because he was upset over the noise made by one of their kids.
Franklin L. Tomes, 59, fired at least 12 rounds from an AK-47 assault rifle toward 20-year-old Jose Gaeta and 20-year-old Tristan Smith while all three men were outside their apartments in the 7000 block of Northeast Echo Street a little before 9:15 p.m., a probable cause affidavit said.
Gaeta was shot three times, including once in both legs, and Smith was hit once in the shoulder, the affidavit said. At least seven rounds went into Smith's apartment, where his mother and her boyfriend were inside, according to the court documents. About half a dozen 7.62 caliber bullets went through the apartment and hit a back wall.
According to the affidavit, Tomes lives in the unit below Gaeta, and Smith lives nearby. Tomes was angry about the noise Gaeta's kids were making, and after an argument with the father in the apartment parking lot, Tomes grabbed the rifle from his car, chambered a round and pointed it at Gaeta and Smith.
Tomes put the firearm back inside, then later retrieved it and opened fire as the two men ran away, the affidavit said.
Gaeta and Smith were taken to a hospital in Newport for treatment, Newport police said. Both men have since been transferred to a hospital in Corvallis and are expected to survive, police said. A GoFundMe page on behalf of Gaeta was created Wednesday.
Tomes went back into his apartment after the shooting. He remained there until he surrendered to police about five hours later, police said. The assault rifle was found inside his unit.
Tomes remained in the Lincoln County Jail on Wednesday on additional accusations of first-degree assault, unlawful use of a weapon and reckless endangering.
