San Jose man convicted in 2022 shooting of unarmed Airbnb guest
A man who shot an unarmed college student in San Jose in 2022 has been convicted of assault with a deadly weapon and other charges, the Santa Clara District Attorney's Office said Tuesday.
Mark Waters, 68, is a retired mechanical engineer who pulled a gun on a 21-year-old student in October 2022. The student was crossing the street from his Airbnb rental to get dinner when Waters came at him with a gun pointed at his chest. The victim ran, but Waters yelled, "So you think you can run?" and shot him In the leg, shattering his femur.
Police found video footage of the shooting from a neighbor and searched Waters' home, where they seized multiple firearms.
The victim spent a week in the hospital and a month in a physical rehabilitation center recovering from his injuries. To this day, the victim cannot walk well, prosecutors said. In his statement to the court, the victim said that as the child of two athletes, running was a big part of his life. Now, he told the court, he can no longer run.
Waters testified that the semi-automatic gun went off accidentally, but he was convicted March 7 of assault with a deadly weapon and other allegations. Prosecutors had originally considered charging Waters with a hate crime, since he is white and the victim was Black.
Waters faces 22 years in prison and is scheduled to be sentenced on May 22.
"This man shot an innocent person on our streets for no sensible reason," District Attorney Jeff Rosen said in a statement released by his office. "A jury rightfully saw him as an extremely dangerous criminal. Now, respectfully, we hope the judge will agree."