San Jose man convicted in 2022 shooting of unarmed Airbnb guest on the street, DA says

SAN JOSE, Calif. (KGO) — A man charged of shooting an unarmed college student in San Jose nearly two years ago has been convicted and faces 22 years in prison, according to the Santa Clara County District Attorney’s office.

A jury convicted 68-year-old Mark Henry Waters, who is white, of assault with a deadly weapon and other allegations for shooting an unarmed Black man while he was crossing the street, DA Jeff Rosen said.

The shooting happened on Oct. 2, 2022 in the Berryessa neighborhood.

Law enforcement did investigate this as a potential hate crime.

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The victim was visiting his friend at an Airbnb rental across the street from Waters’ home.

“While outside on his way to get some noodles and juice, he saw a stranger coming at him with a gun pointed at his chest. The victim ran and was shot,” the DA’s office wrote.

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The victim was shot in the leg shattering his femur.

The victim spent a week in the hospital and a month in a physical rehabilitation center recovering from his injuries, according to DA Rosen.

RELATED VIDEO: San Jose man charged with shooting unarmed Black man renting Airbnb, DA says

Waters, a retired mechanical engineer, said in his testimony the semi-automatic gun went off accidentally.

In his statement to the court, the victim said that as the child of two athletes and running was a big part of his life, according the Rosen. “He can no longer run.”

“This man shot an innocent person on our streets for no sensible reason,” Rosen said. “A jury rightfully saw him as an extremely dangerous criminal. Now, respectfully, we hope the judge will agree.”

Waters will be sentenced in the Hall of Justice in San Jose on May 22.

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