The fourth suspect to face justice in the 2011 murder of Morgan Hill teen Tara Romero was found guilty by a jury in Santa Clara County Superior Court May 25.
Esmeling Bahena, 22 of Morgan Hill, was convicted of first degree murder, five counts of attempted murder and three counts of shooting at an inhabited dwelling, according to Deputy District Attorney Miguel Valdovinos. The charges also include enhancements for carrying out the drive-by shooting for the benefit of a criminal street gang.
Bahena’s sentencing hearing is scheduled for June 13 at the Hall of Justice in San Jose.
The trial and the charges are related to Bahena’s involvement in the Nov 4, 2011 shooting attack that left Tara Romero dead at the age of 14, and wounded three of her friends and classmates at Sobrato High School.
Romero’s mother was relieved with Bahena’s conviction, despite her previous dismay at the acquittal of another suspect just over a month ago.
“I thought she took my happiness when she died, and I would never be happy,” said Romero’s mother, Annette Nevarez. “Now I know she’s at peace. All I wanted was justice. I feel like this big weight has been lifted off my shoulders.”
Bahena was one of five alleged Sureño gang members who drove by the Village Avante apartment complex at Cosmo and Del Monte avenues in a Chrysler sedan, when at least one of the suspects opened fire on the group of teens. The shooters targeted the teens because they thought they were rival Norteño gang members, according to police. However, the victims were not gang affiliated, and were waiting for a ride home when the shooting occurred.
Romero and her friends had been out celebrating one of the victims’ birthday earlier that evening.
Police arrested all five suspects at Bahena’s residence on Barnell Avenue—about a mile from the scene of the shooting—later that evening.
“I’m glad the jury held him accountable,” Valdovinos said. “This was just one step forward, and hopefully at the sentencing, the (murder) victim’s family will get a little more closure on the case.”
Bahena’s trial is the second jury trial this year related to the murder of Romero and shooting of her friends. On April 15, a separate jury found Fernando Mateo Lopez, 24 of Gilroy, guilty of second degree murder, as well as five counts of attempted murder and three counts of shooting at an inhabited dwelling. That jury also found Primitivo Hernandez, 27 of Gilroy, not guilty of all charges.
Lopez and Hernandez were defendants in the same trial, which lasted most of March and ended in early April. Bahena’s trial began May 10.
Tara Romero’s father Joe Romero said he remains upset about the verdicts for Lopez and Hernandez, but he is glad Bahena’s jury “got it right.” He was in court for both verdict announcements, as well as almost all of the testimony and attorneys’ arguments in both trials.
“Thank God this was a different jury,” Romero said. He added that Bahena’s jury only took half a day to reach a verdict, whereas the previous jury deliberated for several days.
Ricardo Diaz, 23 of Morgan Hill, pleaded guilty to first degree murder earlier this year, and testified against Lopez, Hernandez and Bahena during their trials. Diaz agreed to a minimum sentence of 25 years in prison.
The fifth suspect, Ramon Gutierrez, 21 of Morgan Hill, has been in custody at state mental health facilities since he was declared incompetent to stand trial after a 2012 preliminary hearing on the Tara Romero murder.
Valdovinos argued and police testified in both trials that the suspects were trying to settle a feud with local Norteños that had been simmering in previous weeks, and they did so for the benefit of the Sureño organization.
Evidence presented at the trials included text messages sent between some of the suspects describing their plan to acquire firearms and seek revenge; dozens of photos of the crime scene and weapons found by police at Bahena’s home, including an SKS firearm believed to be the murder weapon; and crime lab results that showed the suspects had gunshot residue on their hands shortly after their arrest.
All five suspects have remained, or will remain, in custody until the conclusion of their criminal proceedings. Hernandez was released from the Santa Clara County Jail April 19, four days after the jury found him not guilty.
