Man who allegedly shot Stockton firefighter formally charged, has first court appearance
The man who is accused of fatally shooting a Stockton firefighter early Monday morning was arraigned Wednesday afternoon in San Joaquin County Superior Court.
Robert Alston Somerville, 67, faces one count of murder with aggravating circumstances and one count of intentional discharge of a firearm causing great bodily injury in connection with the death of Capt. Max Fortuna.
Fortuna, a Modesto resident, had been a Stockton firefighter for 21 years. He was shot just after 5 a.m. while at the scene of a garbage bin fire at 142 Aurora St., north of Highway 4.
“Captain Fortuna by all accounts was a terrific man, role model father, husband, son and family man and his death is a loss for our community,” Tori Verber Salazar, the San Joaquin County District Attorney, said during a press conference.
Somerville was assigned a public defender but did not enter a plea and was denied bail. His next court appearance is scheduled for Feb. 23.
In addition to the charges related to Fortuna’s death, details about other arrests were presented in court. Somerville faces open cases for charges of driving under the influence in 2009 and driving with a suspended license.
Suspect’s family attends
Both first responders and members of Somerville’s family attended the arraignment. Afterward, Somerville’s family asserted that they believe he was defending himself. Somerville’s warehouse, out of which he lives and works, was near the scene of the shooting.
His brother Greg Somerville said the property was often subjected to break-ins, including after the shooting incident took place. The family believes Somerville announced that he had a gun before shooting and said he is not a violent person.
“I’ve known him even before he knew himself and he’s always been a kind, good heartedly helpful guy,” Greg Somerville said.
Somerville’s son, Tre Somerville, said his father was an engineer and businessman who designed and built food trucks.
During the press conference following the arraignment, Verber Salazar said the investigation — including any assertions made by the Somerville family — is still ongoing.
She could not comment Wednesday on whether a break-in occurred after the shooting, how the fire started nor how likely the Somerville family’s version of events seemed.
“I’m comfortable with the charges we have right now,” Verber Salazar said.
The last time the Stockton Fire Department lost any of its members was when two firefighters died in 1997 while trying to rescue people from a blaze, Verber Salazar said. She said it is very rare for firefighters to lose their lives from acts of violence like this case.
Fundraising and services details
The Stockton Fire Department Facebook page said the department asking people to donate to a Fund the First campaign for Fortuna’s family. The department said this is a better way to show support than donating flowers, which have already come in at an overwhelming level.
Memorial services for the captain will be held Tuesday at 11 a.m.
Services will include only the Fortuna family and friends, Stockton Fire Department personnel and their families, active and retired members of fire service and law enforcement agencies from throughout the state, and invited guests.
The services are closed to the public but members of the community are encouraged to pay their respects by watching the services online or standing roadside to observe the procession.
Services will be live-streamed on the Stockton Fire Department’s Facebook page.
Details about the procession route are expected to be provided later this week.
This story was originally published February 2, 2022 at 4:14 PM.
