San Jose man convicted of shooting unarmed Airbnb guest on the street

For release on March 12, 2024

CONTACT:
Aidan Welsh
Deputy District Attorney
Felonies Unit
(408) 792-2046

San Jose man convicted of shooting unarmed Airbnb guest on the street

A jury last week convicted a retired mechanical engineer of shooting an unarmed college student crossing a San Jose street from an Airbnb to get some dinner.

Mark Henry Waters, 68, pulled a gun on the 21-year-old man on an October night in 2022, pursued him, and yelled at the fleeing stranger: “So you think you can run?” Then he shot him in the leg, shattering his femur.

During the month-long trial, Waters testified that the semi-automatic gun went off accidentally. He was convicted March 7 of assault with a deadly weapon and other allegations. Waters faces 22 years in prison when he is sentenced on May 22, in the Hall of Justice in San Jose.

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

On Oct. 2, the victim was visiting a friend and staying at an Airbnb rental in the Berryessa neighborhood. 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 victim spent a week in the hospital and a month in a physical rehabilitation center recovering from his injuries.  To this day, the victim cannot walk well due to these injuries.

In his statement to the court, the victim said that as the child of two athletes, running was a big part of his life. Now, he told the court, he can no longer run.

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