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North San Jose homeowner charged with shooting unarmed black man

For release on December 9, 2022


Aidan Welsh
Deputy District Attorney
Felony Unit
(408) 792-2046

North San Jose homeowner charged with shooting unarmed black man

A white San Jose man will be arraigned for the shooting of a young, unarmed black man who was renting a nearby Airbnb.

Mark Waters, 66, is charged with felony assault with a semi-automatic firearm resulting in great bodily injury and personal use of a firearm. He will be arraigned on Monday, December 12, 2022, in the Hall of Justice in San Jose. If convicted, Waters faces time in prison.

“Everyone should be safe walking to the store,” said District Attorney Jeff Rosen. “We will not tolerate such senseless and violent acts in this County. We wish the victim a speedy recovery and will make sure he receives justice for this brutal assault.”

The unprovoked attack by Waters took place the night of October 2, 2022. The 21-year-old victim exited his Airbnb rental to walk to a nearby grocery store. As the victim crossed the street, he saw Waters exit a home and quickly approach him while holding a black handgun. The victim attempted to run to safety, but Waters shot him while his back was turned. Waters fired a single gunshot which resulted in serious injuries to the victim’s leg.

Police arrived and rendered first aid to the victim and obtained video footage of the shooting from a nearby neighbor. Waters’ residence was subsequently searched and multiple firearms were seized. Waters was arrested and booked into the county jail.

Law enforcement is investigating potential hate crime allegations. Anyone with information please contact San Jose Police Detectives Lucas Gaarde and Jessica Lindenberg at (408) 277-4161.



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