No plea deal for pair accused of breaking into home of Sonoma family killed in crash

<p>Two San Mateo County residents accused of looting the home of a Sonoma Valley family three nights after the parents and two children were killed in a car crash are headed to a preliminary hearing.</p><p>Michael Gutierrez, 26, and Amber Marie True, 29, asked Judge Arthur Wick on Monday to agree to reduced sentences in exchange for guilty pleas to charges of residential burglary, auto theft, vandalism and possession of a stolen car.</p><p>Both said they did not know John and Susan Maloney, and two of their children, Aiden, 8, and Grace, 5, had been killed Nov. 28 on Lakeville Highway.</p><p>But Wick rejected the request after prosecutors contended that Gutierrez and True targeted the home, arguing that the duo could not have missed the growing shrine on the Maloneys' front lawn.</p><p>Wick said a preliminary hearing would go forward on Thursday to determine if there is enough evidence for a jury trial.</p><p>Gutierrez, an ex-convict who had a pending drug and firearms case in San Mateo County at the time of his arrest, faces a maximum sentence of nine years, eight months in prison if he is convicted of burglarizing the Maloneys' house and stealing their sports car.</p><p>True, who has a pending drug possession charge, could be sentenced to six years, eight months in prison if convicted.</p><p>Gutierrez's attorney, Karen Silver, asked the judge for an unspecified reduction considering her client cooperated with police and helped return all stolen belongings.</p><p>True's attorney, Steve Weiss, asked that she be allowed to avoid jail and be placed on probation.</p><p>Prosecutor Mike Li objected to any agreements. He said evidence will show the two ransacked the house, including the childrens' rooms, damaged walls and furniture and stole cherished items, including a $1,500 bottle of cognac.</p><p>Li could not say if the defendants knew the family was killed but he said the house appeared to be targeted because it was vacant. If they didn't know of the tragedy, Li said they should have noticed the collection of flowers and pictures near the front door that accumulated in the aftermath of the fatal crash.</p><p>Gutierrez's record alone, Li said, makes him unqualified for leniency.</p><p>“His criminal past is horrendous,” Li said. “The circumstances involving this case are horrendous.”</p><p>Gutierrez remains in custody, while True is free on bail and enrolled in a residential drug treatment program, her attorney said.</p>