A Stockton man, Robert Somerville, has been sentenced to 15 years to life in prison for the 2022 fatal shooting of Stockton Fire Captain Vidal "Max" Fortuna. The sentencing took place on Tuesday at a Stockton courthouse.
Somerville, 68, was found guilty of second-degree murder by a jury on February 14, 2023. The jury also found him guilty of all gun-related charges in connection with the case.
The tragic incident occurred on January 31, 2022, when Fortuna, a 21-year veteran of the Stockton Fire Department, responded to a reported dumpster fire on South Aurora Street. As the fire threatened a nearby business, Fortuna and his team attempted to enter the building to contain the blaze. Suddenly, gunshots rang out, striking Fortuna. He was later pronounced dead at a local hospital.
Somerville’s defense argued that he believed his warehouse was being broken into, a fear rooted in past experiences with multiple break-ins at his family business. His son, Tre Somerville, stated that his father was trying to protect himself, just as Fortuna was trying to protect the community.
Despite this defense, prosecutor Elton Grau argued that Somerville knowingly fired into the dock door of the warehouse, aware that someone was present on the other side.
The San Joaquin County District Attorney's Office has not released further details on the sentencing.