Shooter Claims Self-Defense in Lagoon Incident

A defense attorney for a Foster City man who shot and wounded two men outside a lagoon-front apartment in 2010 said the defendant was acting in self-defense when a confrontation over noise became violent.

Jesse David Wilson, 41, is on trial in San Mateo County Superior Court for two counts of attempted murder and five counts of assault with a deadly weapon in connection with the July 9, 2010 shooting, which took place outside the Beach Cove Apartments just after midnight.

Defense attorney William Locke said in his opening statement that Wilson grabbed a .38 caliber handgun from under his bed after hearing a party of five apparently intoxicated people get into a heated argument with Wilson's neighbor over noise they were making in the lagoon.

The two men and three women in the party had been at a concert in Foster City, where they drank alcohol and smoked marijuana, Deputy District Attorney Brian Donnellan said.

After the concert, the five decided to go boating in a lagoon just feet from Wilson's apartment. A kayak containing three of the revelers overturned, causing them to scream and disturb residents in the apartment complex, Donnellan said.

One of the residents - Wilson's neighbor - was chased back into his apartment under a barrage of racial slurs when he came out and asked the boaters to quiet down, Locke said.

Wilson heard the argument, armed himself and came out of his apartment to assess the situation, Locke said.

When he did, he got into a heated exchange with two of the men in the party, causing him to raise his gun into the air and then aim it at the five people, Locke said.

"What are you going to do? Shoot me?" one of the men reportedly asked before charging Wilson and punching him in the face, Locke said.

During the struggle, Wilson fired the gun in the direction of the second man in the party and struck him in the back, puncturing his lung.

Wilson then fired a second time, and shot the man attacking him in the abdomen.

Deputy District Attorney Brian Donnellan called the case "an assessment of credibility" and argued that Wilson shot at least one of the two men before they started to beat him up.

Prosecutors allege that Wilson was belligerent when he came out of his apartment and confronted the partiers, and that they only hit him in an attempt to disarm him.

One of the men eventually managed to take Wilson's gun from him, but continued to beat and kick him until police came, Locke said.

One of the women in the party also joined in kicking Wilson, who was beaten to the ground after the shooting, Locke said.

Both shooting victims were taken to Stanford Medical Center and survived their wounds.

Wilson suffered a broken orbital bone - which required surgery - and several cuts and bruises.

The prosecution's first witnesses began testimony Tuesday morning.

Wilson remains out of custody on $500,000 bail.

-Bay City News