A Case And Point

Seeking Justice and Advocating for Fairness

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by

somervilleb
in

In this letter, I aim to shed light on my court case and address several concerning issues I’ve encountered during my incarceration. These thoughts are not mere rants from a disconnected inmate; rather, they reflect genuine observations and experiences.

To provide context, I was convicted of second-degree murder due to an accidental shooting. The incident occurred on January 31, 2022, at 4:30 AM when I mistakenly shot a firefighter, whom I had thought was a burglar. Since then, I have been incarcerated. During my time behind bars, I’ve interacted with fellow inmates who shared their own court case stories. It has become evident that some of them are victims of judicial practices that fall outside the bounds of fairness, impartiality, and unbiased adjudication. Comparing their proceedings to my own, I can empathize with their struggles.

I express my concerns without reservation. The need for scrutiny and correction is urgent. A cursory investigation would reveal the reality: San Joaquin County’s conviction rate versus the number of convictions overturned on appeal presents a troubling picture.

My business has served the Stockton community for over 22 years. As one of the three largest food truck and trailer manufacturers on the Western seaboard, we’ve established multiple business entities. Our trucks have graced Pacific Avenue, the airport industrial complex, downtown San Francisco, Home Depot, and Sacramento. I initiated the downtown Stockton market, designed and built restaurants in town, and provided services. When tragedy struck, I felt abandoned. The narrative that paints me as a threat to society, capable of premeditated murder, is both absurd and repugnant. I now understand the vulnerability one faces when navigating a system that employs coercive tactics—threatening additional years of imprisonment if a defendant rejects the current plea offer. This practice disproportionately affects people of color.

I strive to amplify the voices of the disenfranchised—those who feel unheard for various reasons. For myself and others, I vow to share this letter and its attached writings with relevant entities until someone takes notice.

The stark reality is that the business of incarceration often takes precedence over ethical judicial conduct. Justice becomes elusive when economic interests, politics, racial bias, and personal agendas come into play.

As a society, we seem to be regressing rather than progressing. Let us pay attention to the following names and case numbers that deserve scrutiny:

  • Clark K. Stone: Case# Man-CR20-12903
  • Franklin Johnson: Case# -20-22-9962
  • Robert A. Somerville: Case# STK-CR-FE-2022-1128
  • James Manning: Case# 2021-006-1277
  • Terrance Adams: Case# 2022-000-1632

Comments

One response to “Seeking Justice and Advocating for Fairness”

  1. Darius Williamson Avatar
    Darius Williamson

    Robert Summerville
    when I first got the message of this tragic, I was devastated. I was broken beyond belief because I new the both of you. two days later when I received a phone call from Robert Summerville’s ex-wife, she was upset and concerned about her son Tray because he had spent the first night in his dad’s warehouse where the incident took place, he was attacked by gunpoint Someone pulled a gun on him and his mother was devastated, she did not want him to spend another night into his dad’s warehouse, so she called me and asked me to help out, the very next day I spent a night at Robert’s where house however, before I went in, I called the police to come and do a sweep into the building to see if there were anyone trying to hide inside the building, I’m really happy with the police on that day, because they responded quickly. I was only able to spend one night in the warehouse because I was going to a job the next day in San Jose. Myself and three other people stayed in the warehouse overnight, around 9 o’clock that night there were three people trying to pry open the front rollup door with a crowbars.
    Once they got the door open, I was there to let them know that they were not allowed in the building, I told them that the warehouse was under surveillance and they couldn’t come in and then the three people left the building however, a few hours later, someone drove up to the front door, they also were trying to break into the building. I don’t know what kind of car or how many people were inside the car but I did hear other voices, but one person was trying to break in, and one person was doing all the talking. I spoke to that person from the inside of the building telling him that he could not come inside, and I told him that the building was under surveillance, however, this guy threatens me because I would not open the door and he tells me that when he gets back, he’s going to shoot and kill me. I did not sleep for one second, I don’t know what he looked like because there were no windows and it was no way for me to identify who I was speaking with.
    I stayed up all night and in the morning around seven a.m. I went to work in San Jose.
    Robert Summerville did not know who was on the other side of that door breaking and entering into his building because there was no way to see who was breaking and entering into his building. I completely understand why Robert shot his firearm not towards the door where they were coming into but 10 to 15 feet away from that particular entrance. It is so sad that the bullet was a fatal hitting a good friend of mine Captain Max Portuna.
    Max was a great man. I am missing him as I write this letter. He was a great Husband, Father, Son to his parents, Brother, Family member, Friend, Coach and he was a great Firefighter.
    Max is truly missed by many.
    I believe that Max would have mercy upon Robert Summerville. I believe Max would know that it was not done purposely.
    I hope that a tragic like this would never ever happen again, and I hope that all of our firefighters are fully trained to make sure before entering into any building is to notify anyone inside the building by using their Siren, loud horn, or Voice,
    before entering into any building.

    Reply

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