A case that has dragged on for more than two years was continued
once again Monday morning, this time to give the alleged victim an
opportunity to request restitution. The case will return to court
Dec. 17.
San Martin
A case that has dragged on for more than two years was continued once again Monday morning, this time to give the alleged victim an opportunity to request restitution.
The case will return to court Dec. 17.
Nicole Agriesti, 23, and Charles Peralta, 30, pleaded “not guilty” to charges of assault with a hate crime attachment and are out on $100,000 bail after the July 21, 2005 incident.
Santa Clara County Superior Court Judge Kenneth Shapero was in court Monday to sentence the pair, who were ready to enter a plea agreement, according to Public Defender Javier Rios and Deputy District Attorney Mark Hood.
However, Shapero noted a letter was sent to the victim, Xochitl Calderon, telling her of the proposed agreement, Rios and Hood said, and he wanted to allow her time to request restitution if desired.
Hood said Peralta and Agriesti agreed to plead guilty to misdemeanor battery. If Shapero endorses the agreement on Dec. 17, both would be placed on court probation for two years. Peralta would be required to complete 75 hours of community service, and Agriesti would need to perform 85 hours for the community.
Also, as a part of the agreement, Agriesti would be required to serve eight days in jail, but wouldn’t spend any more time behind bars because of credit for time served. Peralta would have a similar situation, except that his requirement would be 20 days. He also would not spend any additional time behind bars.
Calderon told police she was unloading groceries in the parking lot of the apartment complex she lived in on Butterfield Boulevard and left a bag of groceries on the pavement. She said Peralta and Agriesti ran over the groceries in a car, and when she confronted them and asked them to pay for the groceries, she told police, Peralta threw a penny at her and called her a “wetback.” The confrontation escalated into a fight, witnesses told police, and Calderon said she was kicked in the stomach by the pair even though she told them she was pregnant. Peralta said Calderon was the aggressor and was pulling Agriesti’s hair, and he was trying to break them apart.
Though officials initially raised the bond amount when Calderon’s doctor said she might lose the baby, the judge reduced the bail later to $100,000. Calderon did not lose her baby.
