According to court documents, Tominiko did not know the two men he shot but all three had attended a mutual friend's birthday party that Saturday night. Police say the father of two drove to the party in his wife's BMW although he was disqualified from doing so.
The gathering, which was mainly attended by church group friends, finished about midnight but a number of males got into a fight as they left the pub. As they entered the car park, police allege Tominiko, 25 at the time, went to his car and retrieved a firearm and "without any hesitation" shot Foisa, 27, shortly after another man punched him to the head.
It is also claimed Tominiko shot Tremaine, 21, twice in the stomach as he lay on the floor and while his head was being stomped on by two others.
Tremaine needed surgery and had part of his bowel removed, with the shot still lodged in his sacrum.
"I remember being thrown to the floor. I can't remember how or why. I'm pretty sure I passed out ...I remember having pain that I would describe as 10/10," Tremaine later told police, according to court documents.
The following day, police raided Tominiko's house, allegedly seizing a black Hells Angels AFFA T-shirt from his washing machine, which they believed he was wearing at the time of the shooting.
Police also said Tominiko said he "didn't intend to hurt anybody" but shot the brothers because they were "disrespecting" his family.
According to court documents, he also claimed he acted in self-defence and was attempting to protect the females in his family. Tominiko is in custody after being refused bail last December. He will appear in the County Court of Victoria on August 31 for a plea hearing before sentence.
Australia - BN.