Defendants appear before judges this week in high-profile
case
Morgan Hill – Two local, high-profile court cases are scheduled to return to the courtroom this week, as Anthony J. Frausto, 18, Charles Peralta, 29 and Nicole Agriesti, will appear before judges to determine the next steps in their cases.
Frausto, the Morgan Hill man accused of shooting Luis Bautista, 19, of Gilroy on Sept. 30 in an alleged gang retaliation, will be in court today to hear the date decided for his preliminary hearing, according to Assistant District Attorney Stuart Scott.
Bautista died in the hospital after being shot four times as he fled, witnesses said, from a group of men in their late teens or early 20’s. Frausto was arrested when he turned himself in to police less than 24 hours after Bautista died. He reportedly went to the police station to clear his name after learning police were trying to contact him.
“A date will likely be set for some time later, a month or so later, for the preliminary (hearing),” he said.
Frausto is being held in the Santa Clara County Jail without bail.
During a preliminary hearing, the judge listens to witnesses and statements prepared by prosecutors and defense attorneys and determines if there is sufficient evidence for the case to proceed to trial.
The Morgan Hill couple accused of beating a two-month pregnant woman will also return court on Thursday. Their charges – assault resulting in serious bodily injury – have a hate crime enhancement, because witnesses and the alleged victim told police Agriesti and Peralta yelled racial slurs as they allegedly beat her up.
Peralta and Agriesti, who are free on $100,000 bail each, will be in court on Thursday for their preliminary hearing, according to Assistant District Attorney Mark Hood. The enhancement would double the maximum sentence from four to eight years in state prison if they are convicted.
“There are a lot of officers to round up (to testify), so I hope everyone can be there,” he said.
The incident apparently arose over a dispute about groceries. Xochitl Calderon told police she left a bag of groceries on the asphalt in the parking lot, and Peralta and Agriesti ran over the bag when they pulled into the parking lot.
Peralta and Agriesti have declined to comment through their attorneys.
