A California man who allegedly shot dead a 21-year-old unarmed black man crossing the street said to him, “Oh, do you think you can run?” before firing his gun and punching the young man in the back of his leg , officials said on Friday.
During a preliminary hearing, San Jose Police Det. Jessica Lindenberg testified that the victim survived the shoot told her in an interview that he was staying in an Airbnb across from the home of 67-year-old Mark Waters on October 2, 2022, when he left the rental to go to a nearby Safeway for food around 11 p.m. as he crossed the street to get onto the sidewalk, the victim, identified as El’hajj Bullock, said he saw Waters exit his home, gun in hand.
“[Bullock] believed at that moment he was robbed,” Lindenberg said, adding that Bullock said he raised his hands to show they were empty, “and said something along the lines of, ‘I don’t have anything.’ “
Lindenberg testified that Bullock said Waters then raised the gun and pointed it at his chest. At this point, Bullock turned and began running from Waters.
As he ran, Bullock said he heard Waters say, “Oh, you think you can run?” heard the sound of a gunshot, and then fell to the ground as he felt pain in his right leg.
Bullock was taken to a local hospital where he underwent surgery to repair a fractured femur, according to Santa Clara County Assistant District Attorney Aidan Welsh. As a result of the shooting, Bullock was still in pain and two months later was dependent on crutches and a wheelchair to get around, Lindenberg testified.
Waters, who is currently being held without bail, is facing a count of felonies with a semi-automatic firearm that resulted in serious bodily harm and included personal use of a firearm in connection with the shooting, which officers have described as an “unprovoked” attack Authorities continue to investigate possible hate crime allegations, but prosecutors have not filed any additional charges or amendments.
During Friday’s hearing, Welsh and Waters attorney Jose Badillo questioned Lindenberg and San Jose Police Officer Mitchell Magnano, who responded at the scene, about the investigation into the incident.
Surveillance footage from a nearby apartment building recording the shooting was also played in court. According to police, the video showed Bullock running from Waters as the defendant approached him and fired his weapon, which Welsh identified as a Glock 22 semi-automatic pistol.
Waters then went back inside to leave the firearm inside, Badillo said, before going to Bullock’s and calling 911.
Magnano said Waters reported he shot and killed someone he thought was breaking into his home. However, according to officials, surveillance footage showed Bullock was shot while he was on the street and was not near the entrance to Waters’ home, his front yard, or driveway.
Lindenberg testified that Bullock told police that earlier that day he checked into the Airbnb across from Waters’ house. He said he had not met Waters, had no previous interactions with him, and had not seen him before the shooting. While being taken into custody, Waters appeared to express some regret, according to the detective, telling the officer who held him, “I can’t take back what I did.” I messed it up.”
Waters told police that after the shooting he saw a pair of headphones near Bullock, which he claimed mistook for a firearm. According to Lindenberg, a photo from the crime scene showed a pair of silver and white headphones at the scene.
“Have you ever seen a white gun?” Welsh said.
“Not in my experience, no,” Lindenberg said.
While questioning the detective, Badillo attempted to present evidence that Waters called the police two days before the shooting, believing his home was broken into at the time as well. Badillo said the previous incident “is coming up [Waters’s] Motivation.” Badillo also asked the court to allow him to produce surveillance footage of an unidentified person peering into Waters’ car less than an hour before the shooting, but Santa Clara County Superior Court Justice Shelyna Brown barred him from doing so during the probable cause portion of the hearing.
Brown eventually decided there was enough evidence to bring the case before a jury. The court then heard arguments from the attorneys about whether Waters’ bail should be reduced. Waters was arrested at the scene but was later released on $100,000 bail. It wasn’t until November that he was formally charged with a crime. During his arraignment on December 12, he was remanded in custody without bail.
Badillo asked that Waters be given the opportunity to post cash bail and return home during the trial.
“He is 67 years old [and has] no records at all,” the attorney said. “With the support of his family, I think conditions can be created that can protect the community.”
Badillo told the court that two days before the shooting, Waters’ car was broken into and his garage door left open in an incident that scared his daughter, who lives at the home. On the day of the shooting, Waters was alerted to someone “trying to break into his car or his house.”
“That’s why he has a gun,” Badillo said, arguing that by the time Waters saw Bullock “coming out of the darkness,” he was already on alert.
Still, Badillo admitted there’s no evidence Bullock “was involved in anything” that went on at Waters’ house and that his client “could be wrong.”
But Welsh argued that Waters’ behavior posed a clear threat to public safety, as he knew from his testimony that Bullock ran away when he fired his gun.
“The defendant fired a shot on a residential street and could have hit anyone,” Welsh said.
He also pointed out that Bullock doesn’t look like the unidentified person who peeked into Waters’ car, citing testimony from a judge overseeing a previous hearing in the case that there were “questions about racial motives”.
In previous incidents, when Waters had reported a break-in, he called the police, Welsh said, “but here he says, ‘I see someone outside my house and I think they’re breaking into my car,’ but he doesn’t call the police . ”
“He wants to find this person,” the prosecutor said. “He wants revenge on them or capture them, and that’s what led to it.”
“He shot him without asking any questions,” Welsh continued.
Brown chose not to change Waters’ bail, saying his actions created “a public safety issue on every imaginable level.” Waters is scheduled to appear in court again on February 21.