A defense attorney’s motion to suppress potentially key evidence in the 2011 drive-by shooting murder of Morgan Hill teen Tara Romero will once again delay the trial for the five suspects, according to authorities.
The motion was initially filed by attorneys for defendant Fernando Mateo Lopez, 23 of Gilroy, and was joined by three of the other suspects, Santa Clara County Deputy District Attorney Peter Waite said.
The motion, which was filed just before an April 21 hearing at the Hall of Justice in San Jose, claims that police did not have probable cause to search a residence on Barnell Avenue and seize evidence where Mateo Lopez and the four other suspects were found shortly after Romero was gunned down at the age of 14 the night of Nov. 4, 2011.
A hearing on the motion is scheduled for May 7 at the Hall of Justice, where Waite will argue that evidence should not be suppressed in an upcoming trial for the suspects.
But at the April 21 hearing, Superior Court Judge Helen Williams “indicated she is inclined to grant that motion,” Waite said.
“It’s disturbing to me,” Waite said of the possible exclusion of evidence.
Waite added that it is unclear exactly what evidence among the scores of items and binders of statements recorded by investigators would be suppressed if the motion is granted. He further called the motion “confusing,” but he will oppose it nonetheless at the May 7 hearing.
Moments after the Friday night shooting, Morgan Hill police saw a Chrysler matching the description of a vehicle involved in the crime speed through a stop sign. Officers followed the vehicle to Bahena’s home on Barnell Avenue, and surrounded the residence after observing evidence including a gun and shell casing inside the Chrysler.
All five suspects were arrested after a brief standoff, according to police.
The five suspects were traveling together in the Chrysler when they drove by the southwest Morgan Hill intersection and opened fire, according to investigators. Shell casings from a handgun and rifle, both of which were recovered in the area of Bahena’s residence, were found at the scene.
Joining the motion to suppress evidence April 21 were suspects Ricardo Diaz, 22 of Morgan Hill, and Primitivo Hernandez, 26 of San Jose.
Ramon Gutierrez, 20 of Morgan Hill, is charged with the same crime, but his case is being processed separately because he was declared mentally incompetent to stand trial at an earlier hearing. He remains in custody in a mental hospital.
The fifth suspect, Esmeling Bahena, 21 of Morgan Hill, is not a subject of the motion to suppress evidence, Waite said.
All five suspects are in custody, charged with murder and attempted murder for their involvement in the drive-by shooting that left Romero, a freshman at Sobrato High School, dead. The shooters also injured three teens who were standing with Romero on a grassy area outside the Village Avante apartment complex, according to authorities.
All four victims were students at Sobrato at the time.
The suspects are also charged with an enhancement for carrying out the shooting for the benefit of a criminal street gang.
Following a lengthy preliminary hearing and criminal grand jury proceedings in the summer of 2013, the court ordered there was enough evidence for all four of the competent suspects to stand trial for the crime.
Authorities have not said who they think pulled the trigger on the firearms during the drive-by shooting, though Gutierrez told officers shortly after his arrest that Mateo Lopez fired the handgun from the rear seat of the Chrysler. Diaz allegedly told police that he was driving during the shooting.
Romero and other victims had been out celebrating a friend’s birthday the night of the shooting. The group of teens was standing outside the apartment complex, a few feet from the curb, waiting for a ride home when the shooting happened.
The suspects—alleged Sureno gang members—are accused of carrying out the shooting to settle a “beef” with rival Norteno gang members who lived at Village Avante, according to police.
Police said the victims were not associated with any gang-related activity, and were mistakenly targeted by the suspects.
