SAN JOSE, Calif. (BCN)– A 66-year-old man has been charged in the shooting of an unarmed man in San Jose in October, the Santa Clara County District Attorney’s Office announced Friday. Mark Waters, a San Jose resident, is accused of the unprovoked attack on a 21-year-old man who had just exited his nearby Airbnb rental to walk to a grocery store when Waters allegedly quickly approached him with a black handgun.

The victim tried to run but Waters shot him while his back was turned, striking him in the leg, prosecutors said. Police found video footage of the shooting from a neighbor and searched Waters’ home, where they seized multiple firearms.

Waters was arrested and has been charged with felony assault with a semi-automatic firearm causing great bodily injury and personal use of a firearm, and the District Attorney’s Office says investigators are also looking into potential hate crime allegations. Waters is white, while the victim in the shooting is Black.

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Waters is set for arraignment on Monday in Santa Clara County Superior Court in San Jose. “Everyone should be safe walking to the store. We will not tolerate such senseless and violent acts in this county,” District Attorney Jeff Rosen said in a news release.

“We wish the victim a speedy recovery and will make sure he receives justice for this brutal assault.”

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