Victim
’s baby still alive after assault An assault on a pregnant woman
with racial overtones has led to a special hate crimes enhancement
added to charges against the suspects, and to national media
attention for Morgan Hill.
An assault on a pregnant woman with racial overtones has led to a special hate crimes enhancement added to charges against the suspects, and to national media attention for Morgan Hill.
Morgan Hill Police Chief Bruce Cumming said the alleged attack is a rare occurrence in the normally quiet city and is bound to generate reaction by local residents.
“This was an outrageous incident, and the community should be angry,” he said. “It arose out of such a minor incident that could have been solved with apologies.”
Two Morgan Hill residents face charges of assault resulting in serious bodily injury with a hate crime enhancement for allegedly attacking 32-year-old Xochitl Calderon, who is two months pregnant, in the parking lot of her apartment complex on the evening of July 21. If convicted, they could face eight years in state prison.
The nature of the attack, especially the hate crime allegation, has drawn wide attention to the case. Media representatives from all over the Bay Area have requested interviews with MHPD Cmdr. Joe Sampson. He held a live interview with Fox News on Wednesday.
A judge on Tuesday reduced the bail for Nicole Agriesti and Charles Peralta to $100,000, respectively, during the pair’s first court appearance in San Martin.
Agriesti posted bail Wednesday.
Santa Clara County Judge Susan Bernardini reduced the defendants’ $250,000 bail back to the original amount of $100,000. According to the bail schedule, she said bail could have been set at $25,000 for each of them, but because of the nature of the crime, it was quadrupled.
“Circumstances were exactly the same as they are today (when bail was originally set at $100,000),” said Santa Clara County Judge Susan Bernardini. “Do we have to worry about either of them being a danger to the public, re-offending or as a flight risk?”
Bernardini did say the defendants’ bail could be raised again if the victim’s baby dies as a result of the attack. Chief Assistant District Attorney Frank Carrubba said murder charges will likely be filed if the victim miscarries her child.
“This is a touch and go, wait and see situation,” Carrubba said during Tuesday’s court session. “(The decision to file murder charges would be) based on the results of an autopsy by the coroner’s office.”
Calderon returned to the hospital on July 22 and July 24, but had not lost the child by Friday afternoon. Doctors, however, have given the child a grim chance for survival, Calderon told the Morgan Hill Times Monday.
Mark Arnold, Agriesti’s attorney, said the Morgan Hill Police Department’s investigation unfairly charged his client for the assault, and he believed she will be found innocent.
“I am certain my client will be exonerated,” Arnold said after the bail hearing. “There has been a misconstruction of events, and I am confident that further investigation will reveal the truth of what really happened … The police department determined in their own mind what happened, and they set out to justify what they predicted.”
Peralta has been assigned a public defender.
According to police, the confrontation began when Peralta allegedly ran over Calderon’s bag of groceries with his car outside her home July 21. When Calderon told Peralta, 24, and Agriesti, 21, they should pay for the groceries, Peralta allegedly threw a penny at her, police said. The pair then got out of their car and attacked Calderon while yelling racial epithets, according to Sampson.
Arnold said Calderon actually attacked Peralta and Agriesti, and the two were simply defending themselves. He told the court Agriesti has cuts and bruises from the encounter.
“He is certainly entitled to his opinion,” Cumming said. “I am confident that our officers conducted a very thorough, a very fair, investigation. And so is the District Attorney. This is a sensitive issue, and there are a lot of emotions involved. I feel very comfortable with the investigation conducted by our department. If the DA requests further investigation, of course we will do what needs to be done.”
Peralta and Agriesti attended the hearing Tuesday dressed in red prison garb, generally the color reserved for homicide suspects, in shackles and manacled. During most of the court appearance, Agriesti had her back turned to the audience in the courtroom, which was filled with supporters for both the defendants and victim. At times, she shielded her face with her slipper-type shoe. Peralta kept his head down during most of the proceedings.
Agriesti is a full-time student studying administration of justice at DeAnza College, according to Arnold. Peralta is employed full-time and has been cited for drinking and driving in the past. Agriesti has no prior record.
Both were cautioned by Bernardini not to contact the victim in any way, shape or form, even through a third party. Bernardini also instructed the defendants to stay at least 300 yards away from Calderon and her home at all times.
Peralta and Agriesti will make their next court appearance at 1:30pm on Aug. 16, where they are expected to enter a plea.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com
