California man shot black Airbnb guest he thought was a thief, lawyer says

A white California man has been charged with shooting a black Airbnb guest after his lawyers claim he mistook the man for a thief who broke into his car days earlier.

Mark Henry Waters, 66, pleaded not guilty on Monday to the shooting of an unnamed 21-year-old black man at around 11 p.m. on Oct. 2 in North San Jose, ABC7 reported.

Waters initially bailed out of custody, but was ordered back to jail by the judge, who ruled that he was too dangerous to be out in public.

Citing Deputy District Attorney Aidan Walsh, ABC7 stated that Waters is charged with assault with a semi-automatic weapon, personal infliction of great bodily injury, and use of a firearm.

Police are also investigating the incident as a hate crime.

In court Monday, prosecutors argued that the victim, who was not present, left his Airbnb rental to walk to a grocery store. 

Surveillance footage reportedly shows Waters approaching the victim with a gun. 

He then allegedly shot the man while his back was turned, resulting in a broken femur.

“[Waters] comprehended and knew that the victim was running away, and he shot him anyway,” Welsh said. “There was nothing that would cause him to fear the victim, the victim had not stepped foot at his front door, on his driveway, in his front yard.”

In a statement to The Post Wednesday afternoon, Welsh said the victim spent over a month in a treatment facility recovering from his injury.

“Gun violence is an epidemic, and a scourge on our society,” he continued. “Our Office is committed to doing anything in our power to prevent it, and to wield justice against people who use weapons criminally.”

Waters’ attorney, Jose Badillo, however, argued that while the sexagenarian knew the victim was running away, he believed that the stranger could be one of the suspects who broke into his car and stole his garage door openers a few nights before.

Badillo also said Waters — who has no prior criminal record and is a caretaker for his grandchildren — mistook the victim’s headphones for a gun.

The judge seemed to dismiss Badillo’s claims, and clarified that there was no evidence that the victim was connected to the previous crime. He did not even match the description Waters gave when the break-in first occurred.

Waters was then ordered back into police custody despite additional character testimonies from friends, family and neighbors.

Waters is due back in court on Dec. 22.

In a statement to The Post, Airbnb condemned the shooting as “vicious and unprovoked.”

“We thank the San Jose Police Department as well as the Santa Clara County District Attorney’s Office for their work to hold the perpetrator accountable and to send a message that hate crimes have no place in our society,” the statement said.