STOCKTON, Calif. — It was a somber morning for the Stockton Fire Department and community Wednesday as dozens gathered to mark two years since Stockton Fire Captain Vidal "Max" Fortuna was shot and killed in the line of duty.
Community members and first responders exchanged hugs as tears fell and heartfelt prayers were recited Wednesday morning in front of the Stockton Fallen Firefighters' Memorial.
“Max always had a positive attitude no matter who he was responding to, treated them the same and equal," said Mario Gardea, a friend of Fortuna's and president of Stockton Firefighters Local 456. "There’s not a day that goes by that there’s not something that reminds us of Max-- and it’s not the posters or the memorial-type stuff. It’s just his work ethic and being a great person.”
Captain Fortuna, a 21-year veteran of the department, was shot and killed while battling a dumpster fire near downtown Stockton on Jan. 31, 2022, leaving behind a wife and two adult children.
The legacy of Captain Fortuna’s sacrifice that day is something that Stockton Fire Chief Rick Edwards says still lives on, especially in the firefighters whom Fortuna helped train.
"Today, it’s a sad day for the Stockton Fire Department,” said Edwards. "His passion and love for the fire service was contagious for those around him as well and so it’s important for us to come together and remember that.”
While the focus for friends and family at the memorial was on fond memories shared with Captain Fortuna, the focus for attorneys lately has been in the halls of the San Joaquin County Courthouse with the case possibly headed to a new trial.
Months after Robert Somerville was found guilty of second-degree murder in the deadly shooting, his attorneys requested for juror information to be unsealed in December, alluding to a possible juror misconduct investigation.
On Monday, the judge in the case ruled that there was cause to release information about one of the jurors. Prosecutors say they expect the defense to file for a new trial. A court date to possibly discuss the new trial has been set for March 4.
"It’ll never be an easy day, it’ll always be tough," said Gardea. "The community of Stockton lost a hero.”
With the court case ongoing and the grief still strong in the firefighting community, Chief Edwards says sharing Captain Fortuna’s legacy is what will guide everyone through.
“I think the hurt and the sadness that we all feel never entirely goes away," said Edwards. "But when we come together, we’re supporting each other."
Watch more from ABC10: Who was fallen Stockton firefighter Max Fortuna? | 'A gentle and humble man'
