One of the five suspects accused of killing a 14-year-old Sobrato High School student in a drive-by shooting in November 2011 will face a hearing to determine if he is mentally competent to stand trail for the crime.
Ramon Gutierrez, 18, is scheduled to attend the competency hearing March 13 at the San Jose Hall of Justice, according to authorities from the Santa Clara County District Attorney’s Office.
Gutierrez is one of five suspects charged with murder and attempted murder in the Nov. 4, 2011 drive-by incident that left Tara Romero, a freshman at SHS, dead. The shooting took place near the corner of Cosmo and Del Monte avenues.
Three other teenagers – also SHS students at the time and friends of Romero’s – were injured by gunfire in the attack, police said.
Also charged in the crime are 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.
All five suspects are charged with murder and attempted murder, with a special circumstance for being associated with an illegal street gang.
Police said the victims were not involved in any gang-related activity, and the suspects likely mistook them for rival gang members. The victims were standing in a grassy area next to the sidewalk near Village Avante apartment complex, waiting for a ride home from a birthday party, when the shooting happened.
The suspects were arrested later the same night, police said.
Gutierrez’ attorney claims that Gutierrez is not mentally competent to stand trial, according to Deputy D.A. Peter Waite. If he is found incompetent through medical evaluations he would be held in a mental hospital until he is capable of going to trial.
The other four suspects are not scheduled to appear in court March 13, according to authorities.
The next hearing related to the case following the March 13 hearing is a preliminary examination scheduled for May 13, in which the court will determine if there is enough evidence for the case to proceed to a jury trial.
