This morning, Friday March 9, the attorney for Sacheen Fawn Silvercloud, 43, asked a judge to released her from jail on her own recognizance. Silvercloud is accused of looting a home that was evacuated during the Lilac Fire last December, 2017.
Silvercloud pleads not-guilty to first degree burglary. She has a prior DUI case, and is accused of violating her probation on a drug charge.
Defense attorney Andy Zmurkiewicz informed the judge today that the home allegedly burgled by Silvercloud was in fact vacant at the time of the alleged offense, meaning no one lived there at the time, because the former owner had passed away six months prior. Zmurkiewicz said the home was mostly cleaned out, because the home was currently for sale, and was set to close escrow soon. Zmurkiewicz said the items allegedly taken by Silvercloud included a patio umbrella and an old barbecue unit, he said a witness estimated the alleged stolen loot at just $100 in value.
The attorney for Silvercloud further informed the court that the danger from the Lilac Fire was over, and the evacuation order had been lifted for that area, Gopher Canyon in Bonsall, and so the accused could not have looted a home during a declared emergency.
Prosecutor Teresa Pham protested that the woman who was formerly caretaker for the homeowner was still living in the home, and because the evacuation order had only just been lifted, that caretaker was actually enroute back to that house when Silvercloud was caught on the property, with stolen items in her car. The prosecutor said some of the caretaker’s possessions, including her dresser and sleeping accomodations, were still inside the home.
Judge K. Michael Kirkman noticed that Silvercloud has multiple previous Failures To Appear, for her prior court cases. The judge inquired about the defendant’s current circumstances, and her attorney said that Silvercloud’s brother, with whom she had worked previously in their own cleaning business, still lives in San Diego County and that she might be able to stay with him.