Woman accused of killing boyfriend on Christmas appears in court

A San Jose woman accused of fatally running down her boyfriend Christmas morning faced charges in court Monday afternoon. Sabrina Gutierrez, 22, appeared before a judge at the Hall of Justice for her arraignment.

She's facing a murder charge and an added enhancement for allegedly running over Ricky Martinez, 31, following what her attorney described in court as a domestic dispute.

Police say shortly after 2:15 a.m. Christmas morning, Gutierrez had a confrontation with Martinez, and called her family.

Her brother and mother showed up at the corner of East Santa Clara Street and 26th to meet her. A confrontation ensued and Gutierrez’s brother was allegedly shot and wounded by Martinez.

Shortly thereafter, prosecutors allege Gutierrez ran over Martinez with her car.     

"She deliberately drove that car onto a public sidewalk on East Santa Clara Street in San Jose, she did it so she could run down and kill Ricky Martinez. And that's exactly what she did," said Deputy District Attorney Carolyn Malinsky.

"My brother was murdered, I mean, there's no justification for her actions," said Maria Martinez, sister of the victim.

Ricky Martinez was found in the 1200 block of East Santa Clara Street, unconscious, not breathing, and a glock handgun was near his body.

Martinez' family says he has two young daughters and they all waited for him Christmas day, but by then he was already gone.

Gutierrez' car was found later that day on fire at Feldspar Avenue and Arctic Street.

Firefighters were called to douse the flames.

Gutierrez' also has two daughters and her public defender asked for bail. However, prosecutors argued against it, and prevailed. 

"She's a public safety risk. Anyone who drives on the sidewalk with the intent to kill a pedestrian that's a danger. That's a danger to our community and it's important that someone be kept in a place where they can't do that to anybody else," said Malinsky.

"She did something that was not justified, regardless, and it was not in her power to do that, not in her power to take my brothers life," said Martinez. 

Prosecutors say they have video surveillance and a witness in this crime.

Gutierrez will face a pretrial hearing February 4.