Stockton firefighter Max Fortuna's alleged killer denied bail
STOCKTON - The man charged with the death of Stockton fire captain Vidal "Max" Fortuna has been denied bail.
Captain Fortuna was shot and killed on January 31 while responding to a dumpster fire near aurora and Washington street in February. Business owner Robert Somerville, 67, shot at Fortuna with a .38 caliber handgun allegedly killing him. His family says he mistook Fortuna for an intruder.
"It was a case of mistaken identity," said Greg Somerville, the suspect's brother. "He thought he was protecting himself and he had a fear for his life."
Somerville claims his business and home in the warehouse had been a target for several attempted break-ins in the past.
On Monday, Somerville appeared for a hearing where he heard testimony from Fortuna's family. The judge ruled to deny Somerville's bail, citing Somerville's history of failing to appear in court for DUI charges.
Somerville was arraigned on February 2 on one count of murder and one count of intentional discharge of a firearm resulting in death.
Somerville is expected to appear in court again in September.
Fortuna, 47, left behind a wife and two adult children.