STOCKTON, Calif. — The three-week-long trial of Robert Somerville, the man accused of killing Stockton fire captain Max Fortuna, ended Tuesday with a conviction.
Somerville was found guilty of second-degree murder and discharging a firearm causing death. He will be sentenced April 10.
Several firefighters, including the fire chief himself, streamed out of the courtroom a short time after the verdict was read. Some even testified on behalf of their friend and fire Captain Max Fortuna.
"You know, I hear closure a lot and we'll never have closure. This community and our fire department lost a great man, and he'll never be forgotten," said Mario Gardea, Stockton Professional Firefighters Local President.
Outside the courtroom, Somerville's brother maintained the shooting was all a terrible misunderstanding.
"I don't think it was fair. It was definitely an accident. That's the bottom line," said Somerville.
In evidence presented in court by the prosecution, Somerville told a police detective, "I wasn't trying to shoot anybody, just to scare them off" and "I used poor judgment."
Prosecutor Elton Grau said that statement was the crux of the case and added, "You do not have the right to shoot somebody simply because they're going to steal your stuff."
"There's no lessons learned. Obviously, we're a little more conscious of what our surroundings are, but we talk about it on a daily basis and there's nothing we could have done any different," said Gardea.
None of the members of the Fortuna family made themselves available to the media.
“Stockton Fire Department Captain Fortuna’s death was an unfathomable tragedy. He was murdered because the defendant made the choice to shoot without cause, legal justification, or concern for human life,” said San Joaquin County District Attorney Ron Freitas in a statement. “I would like to thank the jury for their dutiful deliberation and Deputy District Attorney Elton Grau for seeking justice for Captain Fortuna and our community.”
CASE HISTORY
Vidal ‘Max’ Fortuna was shot while responding to a dumpster fire near Aurora and Washington Street by Stockton’s Crosstown Freeway on the morning of Jan. 31, 2022.
Fortuna, a fire captain and 21-year veteran of the Stockton Fire Department, left behind a wife and two adult children.
"Max was the type of firefighter that showed up every day and never complained about his job," said Stockton Firefighters 456 Union President Mario Gardea. "I don't know many other firefighters who enjoy their job as much as he did."
"Captain Max Fortuna was one of our heroes and this is a sobering reminder of the sacrifices our public safety personnel make daily to protect and serve our community," said Stockton Mayor Kevin Lincoln.
The man suspected of fatally shooting him, Robert Somerville, was detained at the scene before being booked on weapons charges and a homicide charge.
At Somerville’s trial, firefighter Jacob Yeager testified Fortuna was using an electric saw to cut around a lock securing a roller door to gain access inside a building, then he witnessed Fortuna going into a "slight jog" to the back of an engine.
Fortuna said he’d been hit by gunfire before motioning to his chest. Yeager and another firefighter pulled Fortuna to a safer location to provide first aid, but he died.
Somerville’s family said he had been the victim of attempted break-ins and believed his property was being burglarized.
Prosecutors 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."
In a police detective interview that played in the courtroom, Somerville said "I wasn't trying to shoot anybody, just to scare them off." He added, "I used poor judgment."
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