More than a year after 14-year-old Tara Romero was mistakenly gunned down on city streets, the attorney for one defendant has filed a mental incompetency claim with the court, a move that continues to delay the proceedings and any closure for the families involved.
This is the second attempt by the defense to have Ramon Gutierrez, one of five young men facing murder and attempted murder charges, with enhancements for committing the crime to benefit an illegal street gang, evaluated by court-appointed doctors.
Although the second such court order was granted three weeks ago to determine Gutierrez’s competency, the Santa Clara County District Attorney’s office is not confident the findings will be ready by the upcoming March 13 court date.
“The claim is he has mental problems,” explained Deputy District Attorney Peter Waite, who does not anticipate the competency report to be filed – thus forcing a continuance and further delayed proceedings.
Gutierrez’s defense attorney Lisa McCamey, whose law office is in Santa Cruz, did not return calls pertaining to her client.
“If found incompetent, he would be sent to a mental hospital where they would treat him,” Waite explained. “After he regained his competency, they would send him back to stand trial.”
Gutierrez, of Morgan Hill, who was 17 at the time of his arrest, is one of five defendants accused of orchestrating the 2011 drive-by murder of Romero. The Sobrato High School freshman was 14 years old when she was gunned down by assailants while waiting outside to be picked up from a birthday party Nov. 4 near the intersection of Cosmo and Del Monte avenues. Investigators say Gutierrez is suspected of being in a car with four other men who allegedly drove by and opened fire at the crowd – mistakenly targeting Romero and several of her friends in a misguided gang-related attack.
Romero was pronounced dead when paramedics arrived at the scene. Her friends who were waiting with her, Alicia Sotelo, 15; Rosa Castaneda, 14; and Chris Loredo, 16; were injured by the gunfire and transported to area hospitals.
Castaneda was shot in the stomach, and was comatose in critical condition for several days. Her mother died of liver failure while Castaneda was in a coma. Loredo was shot in the leg and released from the hospital a few days after the incident. Sotelo suffered a gunshot wound to the leg and underwent surgery.
Now, the competency in question of just one of five defendants is stalling progress in an ugly homicide case that Mayor Steve Tate called a “senseless, needless, totally useless tragedy” and one that police believe was simply a case of the young teens being in the wrong place at the wrong time.
McCamey was initially granted a motion for a competency examination of her client two months ago. But when the appointed doctor arrived at the Santa Clara County Jail in San Jose, Gutierrez refused to come out of his cell and meet with the doctor, who – according to Waite – then reviewed the defendant’s jail records and saw nothing to indicate that he was incompetent.
It is unclear why Gutierrez refused to meet with the doctor, since McCarney has not return repeated calls.
At the most recent court date Feb. 20, the defense requested another competency examination on Gutierrez with different doctors and the judge, Honorable Risë Jones Pichon, granted the motion for a second time.
The report is supposed to be reviewed by Pichon, who will then make his ruling on Gutierrez’s competency, but the DA’s office says that likely won’t happen.
Waite has no documentation suggesting a history of mental illness for Gutierrez, but is wary of the defense bringing in reports from other doctors who might have diagnosed Gutierrez in the past.
“I have no idea if he’s ever been evaluated,” said Waite, who is calculating his next move based on the judge’s decision regarding Gutierrez’s competency. “It depends on what the reports say. If either side wants a trial on the issue of incompetence, then they get a trial.”
If it comes to that, Waite said the prosecution will be able to present their case as to why Gutierrez is indeed competent to stand trial along with codefendants Esmeling Bahena, 18 of Morgan Hill; Ricardo Diaz, 19 of Morgan Hill; Fernando Mateo Lopez, 20 of Gilroy; and Primitivo Hernandez, 23 of San Jose.
