Crime

A 78-year-old woman died after she was hit by a vehicle while walking near a south Morgan Hill intersection Friday night, police said.

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Four of the five suspects accused of killing Morgan Hill teen Tara Romero in a 2011 drive-by hearing will next appear in court in February, but the prosecutor in charge of the case said it’s still unknown whether or not all the parties involved will be ready to set a trial date at that hearing. Meanwhile, the fifth suspect - Ramon Gutierrez, 18 of Morgan Hill - was recently found incompetent to stand trial on the charges of murder and attempted murder related to Romero’s death and the injuries of three of her teen friends the night of Nov. 4, 2011, according to Santa Clara County Deputy District Attorney Peter Waite. Gutierrez, who has been evaluated by three doctors since his arrest on the night of the drive-by attack, was diagnosed with unspecified “psychosis” in his latest evaluation, Waite said. He will likely be transferred to a state mental hospital for “treatment and training” until he is able to stand trial for the charges. “They give these guys classes and teach them how to behave in court, how to be legally competent by cooperating with their attorney, and with the court, and behaving appropriately,” Waite said. “I think he will likely benefit from treatment and training.” The other four suspects - Fernando Mateo Lopez, 21 of Gilroy; Ricardo Diaz, 20 of Morgan Hill; Esmeling Bahena, 19 of Morgan Hill; and Primitivo Hernandez, 24 of San Jose - appeared in court Monday in San Jose to set a possible trial date, but the hearing was continued to Feb. 24, 2014, Waite said. Due to the complexity of the case, it is likely the next hearing for these four suspects will be continued, Waite added. “These cases are often continued for months on end.” All five suspects are charged with murder and five counts of attempted murder in relation to the Feb. 4, 2011 drive-by shooting near the intersection of Cosmo and Del Monte avenues. They are also charged with a special enhancement for carrying out the crime for the benefit of an illegal street gang, but authorities say the victims were not involved in any gang activity and were mistakenly targeted by the suspects.Romero, a 14-year-old freshman at Sobrato High School, was killed in the incident. Three of her friends and former classmates were also shot and injured during the attack which took place while the teens were standing outside the Village Avante apartment complex awaiting a ride home. The teens had been out celebrating the birthday of another teen friend who was standing with them when a Chrysler 300 occupied by the five suspects drove slowly through the intersection and opened fire without stopping, according to authorities. The five suspects - identified by police as associates of the Sureno street gang - were arrested just hours after the drive-by shooting, police said. A Morgan Hill officer observed the Chrysler blow through a stop sign on Del Monte Avenue as they were fleeing the scene. The officer followed the vehicle to a nearby home and called for backup. A few hours after police surrounded the home, the suspects surrendered peacefully. All five suspects have been in custody in Santa Clara County Jail since their arrest. Gutierrez started suffering from mental illness “some time after he was arrested” for his alleged involvement in the crime, Waite said. It is unknown when he will be cleared to join the other four suspects in court or face a trial of his own. “I expect they will eventually return him to competence,” Waite said. Gutierrez has shown a pattern of erratic behavior in court proceedings since his arrest, occasionally refusing to leave his jail cell for scheduled proceedings, according to authorities. During a week-long preliminary hearing on the case in June, Gutierrez acted out a number of times - laughing or smiling during victims’ testimony and speaking to the court without permission. Toward the end of that hearing, Superior Court Judge Ronald Toff questioned Gutierrez’ ability to stand trial and ordered a doctor’s evaluation. Also during the June preliminary hearing, Morgan Hill officers testified Bahena, Gutierrez and Diaz told police after their arrest that on the night of Nov. 4, 2011, all five suspects were traveling together in the Chrysler when someone in the vehicle opened fire on the group of teens standing on the corner of Cosmo and Del Monte avenues.Those three suspects denied pulling the trigger, and insisted they did not go out that night planning to shoot anybody, officers testified.They also told officers that the shooting might have been the result of an ongoing “beef” with rival Norteno gang members at the Village Avante apartment complex. This feud, which started weeks before the incident that led to Romero’s death, included incidents of vandalism and even an Oct. 31, 2011 drive-by shooting outside the apartments that did not result in any deaths or injuries. 

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