The preliminary hearing for the five young men accused of killing 14-year-old Tara Romero in a 2011 drive-by shooting was continued again Monday, and the Morgan Hill victim’s family is increasingly anxious about the repeated delays.
The hearing, which was scheduled at the Hall of Justice in San Jose, was continued to May 28, according to Santa Clara County Deputy District Attorney Peter Waite.
Ramon Gutierrez, 18 of Morgan Hill; Esmeling Bahena, 19 of Morgan Hill; Ricardo Diaz, 20 of Morgan Hill; Fernando Mateo Lopez, 21 of Gilroy; and Primitivo Hernandez, 24 of San Jose are charged with murder and attempted murder in relation to the Nov. 4, 2011 drive-by shooting that took Romero’s life and injured three of her teenage friends and former classmates at the corner of Cosmo and Del Monte avenues in Morgan Hill.
The young men are also charged with an enhancement for carrying out the crime for an illegal street gang.
Waite cited a number of reasons for the latest delay in the preliminary hearing, which has been continued a number of times since the beginning of this year.
Some the suspects require Spanish-speaking interpreters, and only one was available in court Monday, Waite said. Plus, two of the suspects’ defense attorneys could not make it to court Monday. Also, Superior Court Judge Raymond Davilla, who is set to preside over the preliminary hearing, will not be available the entire week, and defense attorneys think the hearing could last up to eight days.
At the preliminary hearing, the judge will hear testimony and view evidence in order to determine if the case should go to trial.
Romero’s parents, Annette Nevarez and Joseph Romero, said they are “very disappointed” in Monday’s delay.
“I think they should just get it done and send these guys off,” Romero said outside the courtroom Monday. “It’s a waste of taxpayers’ money.”
Tara Romero was a freshman at Sobrato High School when she was killed by the drive-by gunfire outside the Village Avante apartments, where she and her friends were waiting for a ride home from a birthday party. The other three teen victims – Alicia Sotelo, Rosa Castaneda and Chris Loredo – were injured by the gunfire and transported to area hospitals. They were also students at Sobrato at the time of the shooting.
Police said the victims were not involved in any gang-related activity, and were mistakenly targeted by the five shooters who are affiliated with the Sureno street gang.
All five suspects were arrested by Morgan Hill police shortly after the 2011 shooting. An officer saw the car they were traveling in blow through a stop sign just down the street from the scene of the murder, and followed them to a home on Barnell Avenue. Police surrounded the home and arrested all five without incident, following a brief standoff.
