STOCKTON, Calif. — Powerful words were delivered inside the San Joaquin County Superior Courthouse in Downtown Stockton during closing arguments in the murder trial of Robert Somerville.
Before a jury, San Joaquin County Deputy District Attorney Elton Grau dramatically pounded his fist five times to emphasize the number of shots fired by defendant Robert Somerville on Jan. 31 last year.
"These shots were meant to kill" said Grau, adding how the final shot was fired at close range.
The jacket worn by Stockton Fire Captain Max Fortuna that fateful day was also on display in the courtroom
"The owner of the jacket is no longer here. That is why it has a hole in it," said Grau.
It was Jan. 31, 2022 when firefighters responded to a call of a dumpster fire next to a warehouse around 4:45 a.m. on a dead end street. The warehouse sits near the corner of Washington and Aurora Streets on the fringes of Downtown Stockton, next to the Crosstown Freeway.
Fortuna and another firefighter were using electric saws to cut through a large metal roller door to gain access into the building.
The prosecutor pointed out how despite "blaring alarms" inside, along with smoke, the sound of saws and a woman living inside Somerville's residence who called 911 to report the fire, Somerville "disregarded all signs the fire department was there."
Frequented by the homeless, Somerville's family has said he believed he was being burglarized.
In a police detective interview played in the courtroom, Somerville said "I wasn't trying to shoot anybody, just to scare them off."
He added, "I used poor judgment."
But at the start of their closing arguments, the defense argued Robert Somerville acted in self-defense. Defense attorney Russell Humphrey pleaded his case before the jury.
"If Mr. Somerville knew the fire department was in the back lot, obviously Mr. Somerville would not have fired that weapon," said Humphrey.
He added during a power point presentation before the jury "The City of Stockton Failed" in this case.
He said the city neglected the area where Somerville lived, failing to keep homeless people away and keep business owners and firefighters safe.
"It's a symbol of the failure that leads up to the tragedy," said Humphrey.
The defense will continue its closing arguments Thursday. The prosecution then has a chance for rebuttal. The jury will then be handed the case to decide Robert Somerville's fate.
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