Bay Area/ San Jose

San Jose Man Guilty of Assault for Shooting Unarmed Student, Possible 22-Year Sentence Pending

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Published on March 13, 2024
San Jose Man Guilty of Assault for Shooting Unarmed Student, Possible 22-Year Sentence PendingSource: Google Street View

A San Jose man was found guilty of assault for shooting an unarmed college student who was simply crossing the street to grab a bite to eat. Mark Henry Waters, 68, faced a jury's verdict on March 7 for a crime that left a 21-year-old with serious injuries, as reported by the office of District Attorney Jeff Rosen.

The retired mechanical engineer infamously pulled his weapon on the young man during an October evening in 2022, then pursued and fired at him while the panicked student attempted to flee, shattering his femur. According to the victim's testimony, Waters chillingly shouted, "So you think you can run?" before pulling the trigger. Despite Waters' claim that the gun discharged accidentally, the jury labeled his actions as severely punishable by law.

Prosecution painted Waters as a public menace during the trial that stretched over a month. "This man shot an innocent person on our streets for no sensible reason," District Attorney Jeff Rosen stated. "A jury rightfully saw him as an extremely dangerous criminal. Now, respectfully, we hope the judge will agree." Rosen's office reported that Waters could be looking at a 22-year stretch behind bars, with sentencing slated for May 22 at the San Jose Hall of Justice.

The shooting has had a profound impact on the victim, who used to enjoy running as the offspring of athletic parents. While taking a stroll outside his Airbnb in the Berryessa neighborhood for some noodles and juice, his evening took a grim turn. Since spending a week in the hospital and a month in recovery, "he can no longer run," the victim told the court. While the victim remains with lasting mobility issues, the judicial system has run its course to hold Waters accountable for his actions.