White San Jose man accused of unprovoked shooting of unarmed Black man

A white homeowner in San Jose has been charged with shooting an unarmed Black man as the victim walked to a grocery store from an Airbnb rental, Santa Clara County prosecutors said.

Mark Waters, 66, will be arraigned Monday on charges of felony assault with a semi-automatic firearm resulting in great bodily injury and personal use of a firearm. The district attorney said a hate crime charge may be added to the indictment. 

"Everyone should be safe walking to the store," District Attorney Jeff Rosen said in a statement. "We will not tolerate such senseless and violent acts in this county. We wish the victim a speedy recovery and will make sure he receives justice for this brutal assault."

Waters shot a 21-year-old at an undisclosed location in San Jose on Oct. 2, prosecutors said. As he crossed the street, prosecutors said Waters came up to him with a handgun.

The young man tried to run away, prosecutors said, but Waters shot him while his back was turned.

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Waters fired a single shot, prosecutors said, and the young man suffered a serious injury to his leg, prosecutors said. 

Police arrived and obtained video footage of the shooting from a nearby neighbor, prosecutors said. 

Waters’ residence was subsequently searched and multiple firearms were seized. 

Deputy District Attorney Aiden Welsh would not disclose the address where the shooting took place citing confidentiality concerns. 

The office also would not release any other details on Friday. 

San Jose police at the time did not issue a news release about this shooting.

Efforts to determine if Waters had a defense attorney were not immediately successful.