Trial date set for two suspects in 2011 drive-by killing

Two of the suspects accused of killing Morgan Hill teen Tara Romero in a 2011 drive-by shooting are scheduled to go to trial for murder in San Jose July 29, though that date is likely to be pushed back, according to Santa Clara County Deputy District Attorney Peter Waite.
Defendants Fernando Mateo Lopez, 21 of Gilroy, and Ricardo Diaz, 20 of Morgan Hill, declined to waive their right to a speedy trial at a hearing at the Hall of Justice in San Jose last week, Waite said. However, their attorneys might not be ready to go to trial by July 29, the starting date set by the Superior Court judge.
Meanwhile, the three other defendants accused of accompanying Diaz and Lopez in the Nov. 4, 2011 drive-by shooting in southwest Morgan Hill that killed Romero, 14, and injuring three of her teenage friends, are still waiting for their trial date to be set for a variety of reasons.
Ramon Gutierrez, 18 of Morgan Hill, is scheduled to be evaluated by a doctor July 10 due to an order by the judge in his preliminary hearing for the drive-by case, Waite said. During the preliminary hearing in June, Gutierrez interrupted a Morgan Hill police officer while he was testifying about his involvement in the investigation of the murder. Judge Ronald Toff stopped the proceeding and ordered Gutierrez severed from the hearing because he appeared to be mentally incompetent to participate.
That wasn’t the first time Gutierrez’ competency to face the charges of murder and attempted murder was called into question. Earlier this year, he claimed he was incompetent but was found to be faking his symptoms after a doctor evaluated him, authorities said.
Waite filed a motion to reconsider Gutierrez’ incompetency after the June preliminary hearing, but that motion was denied, he said.
A fourth suspect – Esmeling Bahena, 19 of Morgan Hill – joined Gutierrez, Lopez and Diaz at the start of June’s preliminary hearing, but he too was excluded about halfway through the five-day hearing because his attorney learned his office had a conflict of interest in the case. Bahena’s attorney from the County’s Alternate Defender’s Office is also representing a victim in the 2011 drive-by shooting – Ezra Santana, 18 – who now faces criminal charges stemming from an unrelated string of violent robberies in San Jose earlier this year.
The fifth suspect in the Morgan Hill drive-by shooting, Primitivo Hernandez, 24 of San Jose, was not present for the preliminary hearing in June because his attorney was not available, according to authorities.
Hernandez and Bahena were in court this week for a review of their status, but their preliminary hearing on the murder accusations has not been scheduled.
All five suspects remain in custody in County Jail. They are charged with murder and attempted murder in relation to the 2011 drive-by shooting at the intersection of Cosmo and Del Monte avenues.
They are also charged with an enhancement for carrying out the crime to benefit an illegal street gang. The suspects are accused of being members of the Sureno street gang. Police said they opened fire at the Morgan Hill intersection that night to settle a “beef” with the rival Norteno gang, but the teens they targeted were uninvolved in any street gang activity.
Judge Toff ordered Lopez and Diaz – the only two suspects remaining in the June preliminary hearing when it was over – to stand trail for his involvement in the 2011 shooting.
Romero, a freshman at Sobrato High School, was pronounced dead at the scene after a Chrysler 300M sedan occupied by the five suspects drove by and opened fire at a group of teenagers standing near the sidewalk.
Also shot in the incident were Rosa Castaneda, 16 of San Jose, Alicia Sotelo, 16 of San Jose, and Chris Loredo, 17 of San Jose. The group of friends and classmates at Sobrato were waiting for a ride home after spending the evening celebrating the birthday of a fifth friend – Alex Chavez, 16 of Morgan Hill – at Morgan Hill Bowl and the Community Park, according to police and witness testimony in the June preliminary hearing.
The shooting happened outside the Village Avante apartment complex – the center of a feud between rival Surenos and Nortenos that had been brewing for several days prior to the drive-by attack that killed Romero, according to police testimony at the June hearing.
Police arrested all five suspects hours after the shooting. An officer saw their vehicle blow through a stop sign not far from the crime scene, and followed them to Bahena’s residence on Barnell Avenue. After a non-violent standoff, the suspects were arrested and have remained in custody.
After their arrests, during interviews with police, three of the suspects – Diaz, Bahena and Gutierrez – told officers they were in the vehicle with Hernandez and Lopez, according to police testimony at the June hearing. Diaz was allegedly driving, and all three denied pulling the trigger as they drove through Cosmo and Del Monte avenues. They also said they did not go out that night with the intention of shooting or hurting anyone.