The sentencing of the convicted murderer of Stockton Fire Capt. Vidal "Max" Fortuna may face significant delays, potentially pushing the court's final decision to several months away.
Robert Somerville, a 69-year-old Stockton resident, was earlier found guilty of second-degree murder for killing the 47-year-old fire captain. The sentencing, initially anticipated to take place this month, is now uncertain as Somerville's defense attorney signaled intentions to file a motion for a new trial.
The hearing to discuss the motion is scheduled for August 28 at 9:30 a.m. However, according to Lee Neves, spokesperson for the San Joaquin County District Attorney, an exact date for Somerville's sentencing has not been set and could be contingent on the judge's decision.
The tragic incident occurred on January 31, 2022, when Fortuna and his crew responded to a trailer fire at 142 S. Aurora St. at 4:45 a.m. The situation escalated when the firefighters noticed the blaze advancing towards a nearby building. While attempting to enter the building, shots rang out, and Fortuna, a veteran firefighter of 21 years, was fatally struck.
During the trial, prosecutor Elton Grau argued that Somerville had knowingly fired multiple rounds into a dock door at the back of his warehouse, aware that someone was present. In a police interrogation, Somerville contended he fired the shots to deter possible intruders, not intending to kill anyone.
Fortuna's family and the Stockton community continue to wait for a final resolution in this tragic case.
WE’VE GOT YOUR BACK
