A man found guilty of first-degree murder in the fatal shooting of a Stockton fire captain in 2022 was sentenced this week to 15 years to life in prison.

Robert Somerville, who was 68 at the time of the shooting, was sentenced Tuesday in a Stockton courthouse.

Somerville was found guilty by a jury on February 14, 2023, of shooting 47-year-old Stockton Fire Department Captain Vidal “Max” Fortuna.

The jury also found Somerville guilty on all weapons charges related to the case.

On January 31, 2022, at 4:45 a.m., Fortuna and other firefighters responded to reports of a dumpster fire at 142 S. Aurora St.

When firefighters noticed the fire spreading to a nearby business, they attempted to enter the building to extinguish the fire. Suddenly, gunshots were heard, Stockton City Manager Harry Black said during a news conference.

Fortuna, who had served in the fire department for 21 years, was hit by gunfire and was later pronounced dead in hospital.

Tre Somerville, the suspect’s son, told the media after the shooting that his father believed the family business was being broken into again and tried to defend himself.

“He was protecting his life,” Tre Somerville said. “It was two people doing the same thing.”

“You have a firefighter trying to protect his life and you have my father trying to protect his life,” Tre Somerville said.

During the trial, prosecutor Elton Grau said in his closing argument that Somerville fired a gun several times at a dock door at the back of his warehouse, even though he knew a person was there.

However, during a police interview, Somerville stated that he fired his weapon to scare away possible intruders and not to kill anyone.

The San Joaquin County District Attorney’s Office said further information on Somerville’s conviction was not immediately available.

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