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A defense attorney’s motion to suppress potentially key evidence in the 2011 drive-by shooting murder of Morgan Hill teen Tara Romero will once again delay the trial for the five suspects, according to authorities.The motion was initially filed by attorneys for defendant Fernando Mateo Lopez, 23 of Gilroy, and was joined by three of the other suspects, Santa Clara County Deputy District Attorney Peter Waite said.The motion, which was filed just before an April 21 hearing at the Hall of Justice in San Jose, claims that police did not have probable cause to search a residence on Barnell Avenue and seize evidence where Mateo Lopez and the four other suspects were found shortly after Romero was gunned down at the age of 14 the night of Nov. 4, 2011.A hearing on the motion is scheduled for May 7 at the Hall of Justice, where Waite will argue that evidence should not be suppressed in an upcoming trial for the suspects.But at the April 21 hearing, Superior Court Judge Helen Williams “indicated she is inclined to grant that motion,” Waite said.“It’s disturbing to me,” Waite said of the possible exclusion of evidence.Waite added that it is unclear exactly what evidence among the scores of items and binders of statements recorded by investigators would be suppressed if the motion is granted. He further called the motion “confusing,” but he will oppose it nonetheless at the May 7 hearing.Moments after the Friday night shooting, Morgan Hill police saw a Chrysler matching the description of a vehicle involved in the crime speed through a stop sign. Officers followed the vehicle to Bahena’s home on Barnell Avenue, and surrounded the residence after observing evidence including a gun and shell casing inside the Chrysler.All five suspects were arrested after a brief standoff, according to police.The five suspects were traveling together in the Chrysler when they drove by the southwest Morgan Hill intersection and opened fire, according to investigators. Shell casings from a handgun and rifle, both of which were recovered in the area of Bahena’s residence, were found at the scene.Joining the motion to suppress evidence April 21 were suspects Ricardo Diaz, 22 of Morgan Hill, and Primitivo Hernandez, 26 of San Jose.Ramon Gutierrez, 20 of Morgan Hill, is charged with the same crime, but his case is being processed separately because he was declared mentally incompetent to stand trial at an earlier hearing. He remains in custody in a mental hospital.The fifth suspect, Esmeling Bahena, 21 of Morgan Hill, is not a subject of the motion to suppress evidence, Waite said.All five suspects are in custody, charged with murder and attempted murder for their involvement in the drive-by shooting that left Romero, a freshman at Sobrato High School, dead. The shooters also injured three teens who were standing with Romero on a grassy area outside the Village Avante apartment complex, according to authorities.All four victims were students at Sobrato at the time.The suspects are also charged with an enhancement for carrying out the shooting for the benefit of a criminal street gang.Following a lengthy preliminary hearing and criminal grand jury proceedings in the summer of 2013, the court ordered there was enough evidence for all four of the competent suspects to stand trial for the crime.Authorities have not said who they think pulled the trigger on the firearms during the drive-by shooting, though Gutierrez told officers shortly after his arrest that Mateo Lopez fired the handgun from the rear seat of the Chrysler. Diaz allegedly told police that he was driving during the shooting.Romero and other victims had been out celebrating a friend’s birthday the night of the shooting. The group of teens was standing outside the apartment complex, a few feet from the curb, waiting for a ride home when the shooting happened.The suspects—alleged Sureno gang members—are accused of carrying out the shooting to settle a “beef” with rival Norteno gang members who lived at Village Avante, according to police.Police said the victims were not associated with any gang-related activity, and were mistakenly targeted by the suspects.

Petty theftSomeone stole alcohol, makeup and hair dye from Wal-mart, 170 Cochrane Plaza, according to police. The theft was reported 5:16 p.m. April 10.Two thieves stole tools, flashlights and gloves from Home Depot, 860 E. Dunne Ave., according to police reports. The suspects were allegedly driving a light-colored pickup with Nevada plates and a dirt bike in the back. The crime was reported 9:45 p.m. April 14.VandalismUp to five teenagers were seen breaking up a concrete creek culvert in the area of Vineyard Boulevard and La Crosse Drive in order to dig up dirt to make bicycle jumps, according to police reports. The subjects were contacted by police and advised not to dig on city property. The vandalism was reported 2:15 p.m. April 11.Auto burglaryA thief or thieves broke into a white Ford Excursion and stole a stereo, according to police. The theft was reported 6:26 p.m. April 11.Someone broke into a city utility trailer some time before 8:07 a.m. April 13, according to police reports.RobberyA male victim was transported to a nearby hospital with facial injuries he suffered during a robbery in the area of Spring Avenue in Morgan Hill, according to police. The crime was reported about 9:07 p.m. April 11, when the victim knocked on a neighbor’s door, bleeding from his face, to report the incident. The victim’s phone and wallet were stolen during the robbery. On follow-up from the hospital, police were notified the victim suffered a broken nose and orbital bone. No suspects have been identified.Stolen vehicleSomeone stole a 1999 purple Acura Integra four-door from The Willows apartment homes on the zero block of West Edmundson Avenue, police reported. The theft was reported 8:20 a.m. April 13.A white 1984 Chevrolet S10 pickup was stolen from the area of Peet and Cochrane roads, according to police reports. The crime was reported 9:50 a.m. April 17.BurglarySomeone broke into a home in Morgan Hill and stole a gun safe, which contained two guns and ammunition, according to police. The burglar or burglars gained entry through the home’s pet door. The crime was reported 5:58 p.m. April 14.Smoking violationA resident of an unidentified location in Morgan Hill reported his neighbor was smoking tobacco less than 25 feet away from his residence, police reports said. Smoke was entering the neighbor’s residence at the time of the call, which was about 8:45 p.m. April 15.

A local business was swindled out of $1,000 after falling victim to a phone scam March 21 that involved the caller posing as a representative from Pacific Gas & Electric. The caller falsely notified the victim that their electricity would be shut off if the amount was not paid immediately, according to authorities.

Felony evading

Dear Red Phone:

The slogan of Operation Freedom Paws—”Four paws, two feet, one team”—rings true for veteran Chris Ramirez, a local Marine Corps sergeant who  is now currently suffering from post-traumatic stress disorder. The nonprofit organization matched him with his service dog, Bobby, last June and provided training support for his four-legged companion.

SAN MARTIN—Once a week, people on supervised probation or state parole can receive a free services designed to help get their lives back on track, thanks to a new pilot program that opened this week in San Martin.

Responding to several calls of a man passed out at the wheel April 11, Morgan Hill police officers were dispatched to East Dunne Avenue at Butterfield Boulevard, where they found and subsequently arrested a 45-year-old male for misdemeanor DUI.

With the driver accused of killing a Gilroy father of five on Easter Sunday behind bars and charged with murder, the victim’s co-workers are raising money to help pay for funeral expenses.Nearly $10,000 was collected by Wednesday afternoon for services for Alberto Sanchez, 37, who leaves behind a widow and five young children, according to Cindy Hamilton, his employer of 14 years. Friends and co-workers who set up the site estimated Sanchez’s funeral expenses would be about $8,000.Hamilton is president of Morgan Hill-based New Directions Sign Service, where Sanchez worked as production lead.“We keep having moments of tears in our office,” Hamilton said. “We’ve lost a member of our family, and I know his family lost a husband and a father.”Just before 6:50 p.m. April 5, Sanchez was standing to the rear of his parked car along Tennant Avenue when a pickup truck smashed into him, according to police. He was pronounced dead at the scene.The truck’s driver, Edgar Benitez Martinez of Morgan Hill, continued down Tennant Avenue toward his home, according to a statement from the Morgan Hill Police Department. An off-duty MHPD officer witnessed the collision, followed Martinez and arrested him for driving under the influence, according to the MHPD.Martinez has been charged with murder and additional charges are under consideration, Steve Lowney, Supervising District Attorney with the Santa Clara County District Attorney’s Office, said last week.In the wake of Sanchez’s death, Hamilton offered to help with the funeral and created an online fundraiser.Hamilton described the Gilroy father and husband as a humble person, dedicated to his family and job.“I admired him because he took care of everyone else first,” she said. “He loved his family. He had his kids in soccer and as tired as he was from work, he had a smile on his face when took them to their games.”Sanchez’s sudden loss has hit his coworkers hard, and his family even harder, Hamilton said.But the outpouring of support has left the family touched, she added.Complete strangers have come into the Morgan Hill-based business, presenting Sanchez’s coworkers with flowers, money or other donations to help offset the unexpected funeral costs.“The kindness of the people, some who we don’t even know; it brings tears to our eyes every time,” she said.

A 20-year-old man suspected of carrying a concealed weapon was arrested by Morgan Hill police officers in the late afternoon April 9 after a foot pursuit that ended on the baseball field at Live Oak High School.