Photo: San Jose Police Department / Courtesy
A white California man was charged with shooting his African-American Airbnb guest in the back as he walked to a grocery store near his rental home, because he believed the unarmed victim was carrying a weapon and could have been the robber who broke into his car days earlier, his lawyer said in court on Monday.
After initially obtaining bail following the shooting, a Santa Clara County judge rectified Monday and ruled that Mark Waters, who has pleaded not guilty, must remain in custody because he is “too dangerous to be in public”, reported ABC 7.
Details emerged this week about the “unprovoked attack”, which according to the police left an unidentified victim of 12 years old with a broken femur and Waters, 12 years old, under investigation by r a possible hate crime.
Police said that the victim left her Airbnb to walk to a grocery store on the night of October 2nd.
While crossing the street, told police he saw Waters walk out his front door and “quickly approach” him with a gun drawn, ABC 7 reported, citing the district attorney’s office.
The unarmed man ran away in fright, prosecutors said, but Waters allegedly fired and hit him in the leg while her back was to him.
When police arrived, they rendered first aid to the victim while Waters remained at the scene, the prosecutor’s office revealed district on Monday.
The video of the shooting was given to the police by a neighbor. The footage corroborated the claim that the victim was ambushed while walking down the street unarmed, prosecutors said.
“He understood and knew the victim was running away, and he shot her anyway,” said Assistant District Attorney Aidan Welsh, according to ABC 7.
“There was nothing that made him afraid of the victim, he had not set foot in the door of his house in his driveway in his front yard.”
Police said they searched Waters’ home and seized several firearms.
A defense attorney for Waters, José Badillo, said that Waters’ car had been broken into a couple of nights before the shooting and that his garage door openers were stolen.
Badillo reportedly said this made Waters believe that the victim was the man man responsible for robbery.
But an earlier description given by Waters to authorities seemed to contradict this claim, reported ABC 7.
The judge said Monday there was no evidence the victim was involved in the alleged break-in, nor did he resemble the suspect description Waters gave to the court. police at the time.
Waters’ defense also told a judge that Waters believed the victim was holding a gun when he was shot. Prosecutors revealed Monday that what Waters believed to be a weapon was actually a pair of headphones.
Prosecutors argued that the negligence of Waters with a firearm was grounds for keeping him locked up until trial. The judge agreed and revoked Waters’ previous bond.
Santa Clara County District Attorney’s Office says more may come forward charges as the investigation is looking into the incident as a possible hate crime, reported ABC 7.
“Everyone should be safe walking to the store,” District Attorney Jeff Rosen said, NBC News reported. “We will not tolerate such senseless and violent acts in this county. We wish the victim a speedy recovery and will ensure that he receives justice for this brutal assault.
An Airbnb spokesperson told The Daily Beast that the company condemns this “vicious and unprovoked attack”.
“We thank the San José Police Department, as well as the Office of the Santa Clara County District Attorney for their work to hold the perpetrator accountable and send a message that hate crimes have no place in our society,” Airbnb said in a statement.
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