TWO men accused of firing a shortened shotgun into two houses and using metal bars to smash up a car after a dispute at Cessnock in the early hours of Wednesday morning have been refused bail, while detectives search for a third alleged gunman.
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Daniel James Woodward, 27, and Ausie John Tomkins, 21, were represented by solicitor Donna Smith when they appeared in Cessnock Local Court in handcuffs on Friday charged with firing a firearm at a dwelling with disregard for safety, firing a firearm in a manner likely to injure persons or property, possession of a loaded firearm in a public place and damaging property.
Meanwhile, detectives were on Friday afternoon in the process of applying for an arrest warrant for a third man. Police claim Mr Woodward, Mr Tomkins and the third man were riding their motorbikes in Mills Crescent at Cessnock about 2.50am on Wednesday when the third man had an "altercation" with the occupants of a home. The trio then allegedly left Mills Crescent, went to a home in Alkira Avenue, armed themselves with metal bars and told another man at the home to drive them back to Mills Crescent.
That man, the driver, told police he did so reluctantly and was ordered to wait in the car while the three men allegedly walked across the road and used the metal poles to smash the windscreen and windows of a silver ute parked outside the house where the earlier altercation had occurred.
It was then that witnesses say they heard a loud bang consistent with a gunshot and one witness claims they saw a muzzle flash from near the vehicle that the three men were allegedly damaging.
The three men allegedly fled, jumped in the waiting car and were almost immediately involved in a pursuit with police who had been called to the street.
The driver of the car claimed that he was being assaulted inside the vehicle and forced to continue to drive during the pursuit, according to a police statement of facts. Police arrested Mr Woodward near the car and Mr Tomkins sometime later.
Police examined the scene and allegedly found bullet holes in two houses across the road from the house where the three men were allegedly smashing up the car, with detectives alleging that one of the three men discharged the firearm from the car towards those houses.
Mr Woodward applied for bail on Friday, but it was refused. While Mr Tomkins, who is on parole, did not apply for release. Both matters were adjourned until April 1.