STOCKTON, Calif. — The fate of Stockton resident and businessman Robert Somerville is now in the hands of a San Joaquin County jury.
Somerville is accused of second degree murder in the shooting death of veteran Stockton Fire Captain Max Fortuna.
In the second and final day of closing arguments inside San Joaquin County Superior Court in Downtown Stockton, defense attorney Russell Humphrey read to the jury parts of Somerville's statement to police that said "I wasn't trying to shoot anyone" and "Nothing's worth shooting anybody for."
Humphrey reiterated earlier trial testimony to the jury, in which Somerville said he had no knowledge he had shot anyone until told by a police detective interviewing him.
Humphrey said Somerville expressed "incredible remorse."
"Everyone makes mistakes," Humphrey told the jury.
It was around 4:45 a.m. on Jan. 31, 2022 when firefighters were called to the warehouse where Somerville lived at the intersection of Washington and Aurora Streets on the fringes of Downtown Stockton.
It was call of a dumpster fire. Fortuna and another firefighter were using electric saws on the metal door to gain access inside the building.
The area is known for issues related to homelessness. Somerville, who told police he had been burglarized several times before, believed it was a burglary and grabbed his gun.
He says he yelled, "I have a firearm, get away from the door."
He told police, "If those folks are so brazen, you assume they are going to be armed" so he fired his gun, but he said only as a warning.
"The evidence is overwhelming that Mr. Somerville is not guilty," said Humphrey.
Somerville did not take the stand in his defense.
In its rebuttal and final chance to convince the jury of guilt, the prosecution told the jury to focus on the evidence and the facts in the case.
"You do not have the right to shoot somebody simply because they're going to steal your stuff," Deputy District Attorney Elton Grau told the jury.
He dismissed the defense theory that "The City of Stockton" failed by not protecting businesses in the area with homeless people hanging around.
"The safest person in the City of Stockton that day was Mr. Somerville because Captain Max Fortuna was there," Grau told jurors.
Grau continued by saying "There's no self-defense."
Regarding Somerville's police statement saying "I used poor judgment," Grau said "That's the crux of the case. He knew the difference. He knew what he did was wrong."
"What the evidence showed beyond a reasonable doubt is this was second degree murder," Grau concluded.
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