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Oregon Man Shoots Neighbors With AK-47 As Revenge For Kids Making Noise, Police Say

Franklin Tomes' alleged shooting led to an hours-long standoff with police and a SWAT team.

By Gina Tron

They brought the noise, he brought the gun.

An Oregon man retaliated against his neighbors, after becoming irate by how noisy their children were being, by shooting at them with an AK-47 Tuesday night, police said. That led to an hours-long standoff with police and a SWAT team.

Franklin Tomes, 59, allegedly shot and injured two of his adult neighbors at his Newport apartment complex around 9 p.m. before retreating to his apartment, according to KPTV in Beaverton. Police said he fired multiple rounds at his neighbors after retrieving an AK-47 from his car.

The victims have been identified as been identified as Jose Gaeta, 20, and Tristan Smith, 20. Both were taken to a nearby hospital where they were listed in stable condition. Gaeta was shot three times, including once in each leg and Smith was shot in the shoulder, according to a probable cause affidavit. Rounds of bullets also entered Smith's apartment, where his mother and her boyfriend were. They weren’t injured in the shooting.

As the victims were rushed to a nearby hospital, police put up a perimeter around Tomes’ apartment and called in Oregon State Police's SWAT Unit and multiple police departments. Tomes refused to leave his home for hours until a phone call from SWAT negotiators at a little after 2 a.m. changed his mind, according to KPTV. He voluntarily surrendered after that phone call.

According to an affidavit, Tomes lives under Gaeta, and he became enraged over the noise being made from Gaeta’s children. Smith lives in another unit and it is unclear why Smith was shot.

Tomes has been arrested on four counts of recklessly endangering, two counts of pointing a firearm at another, unlawful use of a weapon, two counts of first-degree assault, and two counts of attempt to commit a crime.

Jail records show that Tomes’ next court date is May 23. He is booked on a $15,000 bond.

[Photo: Lincoln County Jail]

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