Stockton Fire Capt. Max Fortuna's convicted killer Robert Somerville seeks new trial; Sentencing delayed
The family of a Stockton fire captain who was fatally shot last year while responding to a dumpster fire could have to wait several months for the shooter to be sentenced.
Robert Somerville, 69 of Stockton, was found guilty earlier this year of second-degree murder for killing 47-year-old Stockton Fire Capt. Vidal "Max" Fortuna.
Inside a Stockton courtroom on Monday morning, a defense attorney for Somerville said they would be filing a motion for a new trial for his client.
The prosecution and defense attorneys are set to return to court Aug. 28 at 9:30 a.m. for a motion-setting hearing, when the defense will file their motion.
Lee Neves, a spokesperson for the San Joaquin County District Attorney, said there is not an exact date when Somerville will be sentenced but the hearing could be months away depending on the judge.
On Jan. 31, 2022, at 4:45 a.m. Fortuna and other fire crew members responded to reports of a trailer fire at 142 S. Aurora St.
Police said when firefighters noticed that the blaze was advancing toward a building in the area, they attempted to enter the structure to extinguish the fire but suddenly shots were heard.
Fortuna, a 21-year veteran of the department, had been shot. Officers were dispatched to the scene at 5:02 a.m. and took the captain to a hospital, where he was pronounced dead.
During the trial, prosecutor Elton Grau said in his closing argument that Somerville fired a weapon several times into a dock door in the back of his warehouse knowing that a person was there.
However, during a police interrogation, Somerville had said he shot his gun to scare possible intruders away, not to kill anyone.