A Stockton courtroom was dead silent Tuesday as a jury found a 68-year-old man guilty of second-degree murder for fatally shooting a Stockton fire captain last year.

Robert Somerville, dressed in a light blue button-up shirt and dress pants, listened while 12 jury members found him guilty of killing 47-year-old Stockton Fire Capt. Vidal “Max” Fortuna.

The members of the jury said they also found Somerville guilty of all gun allegations related to the case.

“I’d expect so,” was the response of Robert’s brother Greg Somerville when asked if the case will be appealed.

Stockton Calif., police detectives arrested Robert Somerville, 67, in connection to the January 31, 2022 shooting death of Stockton, Fire Captain Vidal ‘Max’ Fortuna. Somerville was booked into the San Joaquin County Jail on homicide and weapons charges. (Stockton Police Department via Bay City News)

Last week, prosecutor Elton Grau in his closing argument in the trial alleged that on Jan. 31, 2022, Somerville fired a weapon several times into a dock door in the back of his warehouse at 142 S. Aurora St., knowing that a person was there.

However, during a police interrogation, Somerville had said he shot his gun to scare possible intruders away, not to kill anyone.

Fortuna died at a hospital from a gunshot wound to the chest, according to prosecutors.

Somerville is set to appear for sentencing on April 10.

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