Attorneys exchange evidence in anticipation of preliminary
hearing
GILROY
The preliminary hearing of a man accused of shooting two people in an attempted murder earlier this year at Stoney Court Apartments was delayed again Tuesday so attorneys could continue exchanging evidence.
Tomas Martinez Romero, also known as Tomas Martinez, faces charges of two counts of attempted murder and three counts of assault with a deadly weapon, which could put him in jail for the rest of his life. On the night of March 27, the 21-year-old walked up to a car with five people and fired about 10 rounds, injuring two people, police said.
Police originally held another man in April on suspicion of the shooting, but released him a few days later. Martinez was arrested in late July, after he was arrested in connection with a grisly stabbing in a downtown alley, released from custody and almost deported because he was in the country illegally.
The start of the preliminary hearing – in which the judge decides if there is enough evidence for the defendant to stand trial – has been delayed several times because Deputy District Attorney Amir Alem and public defender Javier Rios have been exchanging evidence they plan to present. The sticking point has been a set of DVDs of witness interviews, which Rios said he did not receive. The district attorney’s office is trying to get the information to him, Alem said.
“These are pretty serious charges and we’re talking about pretty serious time in prison” if Romero is convicted, Alem said. “I want (Rios) to have everything I have so that we’re both looking at it from the same angle.”
Romero was in court for only 10 minutes Tuesday, listening to the proceedings via a Spanish-speaking interpreter. After the judge set a new date for a preliminary hearing, Romero was escorted back to jail.
Romero is scheduled to appear in court Dec. 11 at 1:30 p.m., but the preliminary hearing will likely be delayed again, Alem said. Due to the volume of evidence, Alem wants a full day for the preliminary hearing and a courtroom might not be available for a full day until January.
