Ambush led to a shootout involving a submachine gun, police allege

Aimee Ambrose
York Dispatch

Kenneth Ray waited around the corner from the M&M Lounge in York City for about seven minutes one night last September, court records show.

When the clock struck 12:30 a.m., police said, Tyrone Lozano walked out of the bar and headed for his car. Eric Gibbs, James Naylor and another person left a couple of minutes later.

As Naylor reached the sidewalk, investigators alleged, Ray opened fire with a handgun, ambushing them.

The shooting apparently touched off a gunfight in the street that involved a hail of bullets from both handguns and a submachine gun — a confrontation that, according to investigators, would be more at home in a war zone.

Gibbs and the unnamed person allegedly unloaded handguns on Lozano’s car, police said. Lozano allegedly retaliated by spraying bullets from a Belgian submachine gun — a model developed as a security weapon for NATO.

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In all, about 45 shots were fired that night, according to details in police reports. Nobody was killed, but two men were injured.

Gibbs and Lozano were later charged as suspects in the shootout.

Now, nearly a year later, Ray faces an attempted homicide charge for his alleged role.

Prosecutors filed the case against the 39-year-old York City man on Tuesday, a few days after Gibbs was arrested.

Details by York City Police in criminal complaints show that Ray showed up at the M&M Lounge, 530 Maryland Ave., with the bar’s bouncer around midnight on Sept. 29, 2021. Naylor and Gibbs followed him in a few minutes later.

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Within 15 minutes, police said, Ray and Naylor got into an argument, and then Ray left. He tried to turn around and go back into the bar, but bystanders forced him away from the door.

Naylor and Gibbs followed Ray out, then went back inside a minute later. Meanwhile, police said, Ray apparently took a walk around the block.

Lozano arrived at the lounge around the same time Ray got back. As Lozano went inside for a few minutes, Ray hung out around a corner of the building and briefly talked to the bouncer outside, police said in the complaints.

At 12:30 a.m., investigators said, Lozano left and went to his car. Naylor, Gibbs and another person followed him out the door a couple of minutes later.

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As Naylor reached the bottom of the bar’s steps, police allege, Ray lifted a gun and fired it three times, shooting Naylor in the leg.

Ray then allegedly took off running down Manchester Street.

Gibbs and the other suspect checked on Naylor, then walked to the corner outside the bar, according to investigators.

There, they allegedly pulled handguns and opened fire on Lozano’s car. Police said Gibbs also fired six times down Manchester Street in the direction that Ray had run.

Lozano was in his car when the shooting started, apparently while assembling an FN P90 Belgian submachine gun in the back seat. He was shot in the nose and forearm, police said.

Eric Gibbs

Gibbs and the other suspect then allegedly fled in their car. As they passed Lozano’s car, police said, he fired the submachine gun and apparently missed each shot.

When investigators found Gibbs’ car later, it had no bullet damage.

Ray allegedly ran to a house a block away and asked a person for a ride, court records show. The person told police they refused him.

Lozano also allegedly ran as officers responded to the shootings outside the bar. He was tracked to an address along Pennsylvania Avenue, where police found him injured. Investigators also found his gun at that site, the court documents show.

Naylor, meanwhile, was taken to a local hospital to receive treatment for his injured leg, according to police.

In all, investigators said, they collected 40 shell casings from the scene near the bar. Of them, 22 were from 9 mm handguns, while the other 18 allegedly came from Lozano’s gun, the complaint shows.

Gibbs and Lozano were charged in separate cases in February.

The case against Ray was filed Tuesday. He has not yet been arraigned, according to court records.

Gibbs, 29, of York City, faces felony counts of aggravated assault and illegal possession of a firearm along with misdemeanor counts of reckless endangerment and firing missiles into an occupied vehicle and onto roadways.

He was arrested in the early morning of Aug. 26 after police alleged he ran from a stop in the area of West Philadelphia Street and North Belvedere Avenue.

Charges of fleeing police, disorderly conduct, possession of a controlled substance, possession of drug paraphernalia, criminal mischief, public drunkenness and consumption of liquor in public places were filed against Gibbs in that incident.

A preliminary hearing in both of Gibbs’ cases is scheduled for Sept. 9 in District Judge James Morgan’s court.

Lozano, 36, of York, is charged with a misdemeanor count of reckless endangerment. He’s scheduled to appear in the York County Court of Common Pleas for a plea hearing Sept. 22, court records show.

Police also noted Ray pleaded guilty in a robbery case in 2018, and he was no longer allowed to possess a firearm.

— Reach Aimee Ambrose at aambrose@yorkdispatch.com or on Twitter at @aimee_TYD.