OT 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.
http://www.oregonlive.com/pacific-n...f/2018/05/newport_man_upset_over_noisy_k.html

 

This had nothing to do with noise. Here is one of the victims.

https://www.gofundme.com/jose039s-fight

 

Something is wrong with us if our first response to getting angry with someone is to shoot them. The shooter sounds like he's not exactly playing with a full deck either.

 

I quoted you not to discredit or counter anything you said. Just wanted to include it, as it led me to think about how people respond to things. Threads include.

So...before I make claims that "gun control" could've stopped this guy from getting a gun, I'd like to see if he has a mental issue (imho, he's a fuckin loon, but I'm not qualified to make that claim). Also, I'd like to see if he passed a test, was known to have a mental illness or not, bought it legally and maybe has a track record of issues like this. It could be he played sports as a kid and had dozens of concussions/cte. He could be mixing his medications with alcohol. He could be a racist loon who is known for flying of the handle. He could just be someone who snapped, due to a variety of reasons. He might be suffering from PTSD.

I don't want to jump to conclusions, but I don't think there will be much followup to this story and we'll probably forget about it soon enough. :/

I'd like to know if this guy was mentally stable enough to own a gun, and if not, why weren't there blocks put in place that would stop him from getting one (or more)? Why was it this was how he handled a dispute, instead of talking it over like a normal rational person?

Why not call the police or the apartment manager? And if the has called either of those, what was done? Did the police come in the past and mediate a solution between the two? Did the apartment owner have interactions with him prior to this?

 

Can you legally own an ak47

 

I have neighbors who make noise all the time. My upstair neighbors kid is always running around making noise. I turn the tv up.