An attorney representing a realtor who was arrested Tuesday in connection with the fatal shooting of an unhoused man in Lodi alleges the death was a case of self-defense. 

Allen Sawyer on Wednesday confirmed that he is representing Stockton and Lodi realtor Scott Sherman, 39, who is accused of killing 53-year-old Felix Makinano.

The Lodi Police Department said they received a report of gunshots heard in the first block of South School Street shortly before 4 a.m. on Tuesday. Makinano was found at the scene suffering from gunshot wounds and later died from his injuries at a hospital.

 Detectives said an investigation led them to a residence near where the shooting happened.

Sawyer said the home belongs to his client.

Two people believed to have been involved in the shooting were inside the home, police said. 

A 29-year-old woman exited the property following negotiations with police, but the Lodi Police Department’s SWAT team had to make entry to apprehend Sherman, police said.

Police said a search warrant allegedly resulted in finding narcotics, a firearm and additional evidence related to the homicide.

However, Sherman’s attorney alleges that the drugs found was marijuana for personal use.

According to Sawyer, his client is a dedicated retired military member who served in the Air Force for 18 years and has achieved success as a businessman.

Sawyer said in a statement, “With an untarnished record and a strong commitment to philanthropy and supporting law enforcement, he has demonstrated his integrity and loyalty to his community.”

 “In light of recent events, I urge everyone to exercise patience and respect the principles of justice, allowing the investigation to reach its conclusion while upholding the fundamental principle of presumption of innocence,” Sawyer said.

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