The judge in the case of five men accused of killing Tara Romero at the age of 14 and injuring three others will continue to hear arguments on a motion that started Thursday, and which could end up endangering witnesses and victims, according to the prosecutor.
Santa Clara County deputy district attorney Peter Waite said the defendants in the Nov. 4, 2011 drive-by shooting filed a request to compel the state to give up uncensored police reports of the incident. It was part of the evidence-sharing process that has been ongoing since the attack at the corner of Cosmo and Del Monte avenues.
Superior Court Judge Teresa Guerrero-Daly continued Thursday’s hearing at the Hall of Justice in San Jose for further argument to May 29, at 10:30 a.m., Waite said.
Prosecutors are opposed to the defendants’ motion.
“They’re trying to get witness’ addresses, dates of birth and other identifying information,” Waite said. “I want to protect the witnesses and victims.”
Esmeling Bahena, 18 of Morgan Hill; Ricardo Diaz, 19 of Morgan Hill; Fernando Mateo Lopez, 20 of Gilroy; Primitivo Hernandez, 23 of San Jose; and Ramon Gutierrez, 17 of Morgan Hill are each charged with murder and attempted murder, with enhancements for being associated with an illegal street gang.
The suspects have not yet entered a plea to the charges.
The suspects are accused of driving through the south Morgan Hill intersection and opening fire at the group of teens standing outside the Village Avante apartment complex.
Romero, a Morgan Hill resident and Sobrato High School freshman, was shot and pronounced dead at the scene by paramedics. Three of her friends – Rosa Castaneda, 14, Alicia Sotelo, 15, and Chris Loredo, 16 – were shot and injured in the same incident.
While the suspects are thought to be associated with a criminal street gang and carried out the shooting for that gang, police have said the victims are not associated with any gang-related activity and were likely targeted by mistake. They were waiting at the intersection for a ride home from a birthday party at the nearby Community Park.
All four victims were Sobrato students at the time of the shooting, though Sotelo has since transferred to a high school in San Jose, according to her sister Amanda Valencia.
Castaneda was planning to attend Thursday’s hearing. She was shot in the stomach and remained in critical condition for several days after the incident without knowing her friend Romero was dead.
Also while in a medically induced coma, Castaneda’s mother Lupe C. Sanchez died of liver failure.
Castaneda now lives with her brother, Daniel Gonzalez, 21, in south San Jose. He said her wound is still partially open, and she has a “big old scar all the way down.” But she has improved since the shooting.
“She’s back in school (at Sobrato), hanging out with her friends at the mall, and getting back to normal,” Gonzalez said.
The death of their mother almost immediately after Castaneda’s shooting created a tidal wave of emotional stress for the entire family, Gonzalez added. Castaneda plans to start counseling sessions to help cope.
“All of us are sticking together. We’ve got to tough it out, and keep on pushing,” Gonzalez said.
Sotelo, who played on a San Jose fast-pitch softball team before she was shot in the leg Nov. 4, is also recovering well and is looking forward to playing the sport again, her sister said.
“She can walk, but she can’t run yet,” Valencia, 20, said Thursday. Sotelo was shot in her femur, fracturing the leg bone. The wound became infected after initial treatment last year, and Sotelo endured two surgeries – one of which placed a permanent metal plate in her leg.
“There’s (still) one hairline crack” in the bone, Valencia said. “But other than that it’s healed really good.”
The memory of the shooting and its emotional aftermath Sotelo are still “shocking” to Sotelo, Valencia said.
Loredo could not be contacted by press time. He was shot in the leg Nov. 4 and walked with a cane for several weeks following the shooting.
Police arrested the five suspects shortly after the shooting. The suspects continued driving past the scene after the shooting, and an officer in the area saw the car run through a stop sign on Spring Avenue and immediately turned around to pursue it, police said.
By the time the officer caught up to the car at a Barnell Avenue residence, he heard about the shooting on the radio.
The officer called for backup, and police from Morgan Hill, Gilroy, the sheriff’s office and California Highway Patrol surrounded the home and contained traffic, authorities said. Police safely arrested all five suspects.
Found at the home were a .22-caliber revolver and a loaded SKS assault rifle, police said.
