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Band member at California restaurant shoots man after disturbance

From Leslie Tripp, CNN
STORY HIGHLIGHTS
  • Police: Two intoxicated men assault a man outside a Sacramento restaurant
  • A waiter and a band member try to intervene
  • The waiter is knocked out, and the band member shoots one of the attackers

(CNN) -- One man was undergoing surgery after being shot by a band member performing outside a California restaurant Saturday night.

Shortly after 6 p.m. local time, two intoxicated men came out of a building next to a restaurant in downtown Sacramento, said Sgt. Norm Leung of the city's Police Department.

The two began assaulting a man, believed to be in his 20s, who was standing outside the restaurant patio listening to a live band.

One of the band members yelled for people to call police and aid the man being assaulted.

The two intoxicated men turned their attention to the band member and a waiter who was also assisting, Leung said.

The band member retrieved a handgun from his bag and shot one of the suspects, who was approaching him, Leung said.

One of the suspects will be arrested for assault while the other was at a local hospital undergoing surgery and is expected to survive, Leung said.

The victim was treated for minor injuries and released at the scene. The waiter was also treated and released at the scene.

No other injuries were reported. The name of the band was not immediately available.

Police say they are trying to determine whether charges will be filed against the shooter.

Authorities say the case will likely be turned over to the district attorney's office for review.