Crime

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. 

Fire investigators are calling the San Juan Bautista blaze Saturday suspicious but have not determined a cause as of yet, Fire Chief Mike O’Connor said Friday.

Theft

The Gilroy Police Department is targeting drunk drivers Dec. 13 through an overnight checkpoint for drug or alcohol impaired drivers and the use of extra DUI-focused patrols.

The Gilroy Police Department responded to a variety of crimes this week, including urinating in public, battery of a former spouse, finance or cohabitant and the manufacture and sale of metal knuckles. Arrests were recorded in this week's GPD blotter from Nov. 24 through Dec. 2.

The bodies of a husband and wife who had a preexisting agreement to take their own lives if one was unable to take care of the other were discovered last week in Campbell, according to a news release issued Tuesday by the Campbell Police Department.

Here is your latest digest of criminal happenings in South County, recorded from the Santa Clara County Sheriff's substation in San Martin.

With Thanksgiving right around the corner, people will soon flock to the roads to visit and celebrate with family and friends. The Santa Clara County Sheriff's Office reminds all travelers, whether they are heading across the country or just across town, to ensure a safe arrival and a happy holiday by buckling up every time they travel.“The risk of being involved in a serious or deadly car crash increases when the number of cars on the road increases, and the long Thanksgiving weekend is one of the busiest travel times of the year,” said Sheriff Laurie Smith. “So we want to remind everyone that your seat belts can save your life – and those you are traveling with.”According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), seat belts saved almost 12,000 lives nationwide in 2011. Research shows that with proper seat belt use, the risk of fatal injury to front seat passengers is reduced by 45 percent, and the risk of moderate to serious injury is reduced by 50 percent.Such a simple step can save a life, but too many lives are being lost because some have still not gotten the message, according to a press release from the Sheriff’s Office. During the 2011 Thanksgiving period, 249 passenger vehicle occupants were killed in motor vehicle traffic crashes nationwide. Fifty percent of those killed were not wearing seat belts. California witnessed 24 passenger vehicle occupants killed that same yearwith 10 of those found to have died without using their safety restraints.In 2011, 52 percent of the 21,253 passenger vehicle occupants killed in motor vehicle crashes were not wearing seat belts at the time of the crash. In California, 27 percent of the 1,597 vehicle occupants were killed while not using their occupant restraints; a total of 434 deaths, according to the press release.Nationally in 2011, 62 percent of the 10,135 passenger vehicle occupants who were killed in nighttime crashes were not wearing their seat belts, compared to 43 percent during the daytime hours, according to authorities.“All too often, we see crash victims who were caught up in the excitement of the Thanksgiving holiday and didn’t arrive safely at their destination,” Smith added. “We want to remind everyone who will be on the roads to please buckle up - Every Trip, Every Time - so you can give thanks this holiday season and enjoy the time with your loved ones.”

A Gilroy man who has been called at least 15 times by identify theft scammers claiming to be from Microsoft wants to spread the warning and prevent additional people from being victimized.

The Gilroy Police Department responded to a variety of crimes this week including driving under the influence, possession of a controlled substance and theft. Arrests were recorded in this week's GPD blotter from Nov. 19 through 21.