Both suspects in the assault on a pregnant woman are out of jail
on bail, awaiting their next court date on Aug. 16, where they
’ll enter a plea. The victim’s unborn child remains alive,
despite grim predictions by doctors.
Both suspects in the assault on a pregnant woman are out of jail on bail, awaiting their next court date on Aug. 16, where they’ll enter a plea. The victim’s unborn child remains alive, despite grim predictions by doctors.
Xochitl Calderon, 32, of Morgan Hill, was told she could expect to miscarry the baby after the assault on July 21. She was allegedly punched and kicked repeatedly in the abdomen by Nicole Agriesti, 21, and Charles Peralta, 24, after an argument over Calderon’s groceries.
Santa Clara County Superior Court Judge Susan Bernardini issued a restraining order, instructing Agriesti and Peralta to stay away from Calderon and her home and forbade any contact her, even through a third party.
A special hate crime enhancement was added to charges of assault resulting in serious bodily injury for Agriesti and Peralta because they reportedly yelled racial slurs as they allegedly beat Calderon. The enhancement would double the maximum sentence of four to eight years in state prison if they are convicted.
If Calderon’s unborn child had died, murder charges could have been added to the original charges.
Mark Arnold, defense attorney for Agriesti, said the police have looked at the situation backwards, that Agriesti and Peralta are the victims of a beating from Calderon.
After the two suspects, who are dating, ran over Calderon’s groceries in the parking lot, she attacked them, Arnold said.
“Everyone has the right to defend themselves, even if the attacker is a pregnant woman, a 91-year-old or a 5-year-old,” Arnold said, after a bail hearing on July 28.
Arnold said Agriesti will not make any public statements while the investigation into the incident continues.
“We’re still in midst of doing the preliminary investigation,” he said. “But I maintain the original statement. Once all the facts are in, they will present a vastly different story. I have been contacted unsolicited by a number of people who have had similar run-ins with this purported victim, characterizing her as ‘nuts’ and ‘psycho.’ More and more as this is coming to fruition it becomes clear that my client really is the victim here.”
Morgan Hill Police Cmdr. Joe Sampson, responding to a statement by Arnold that investigating officers had a predetermined conclusion and collected facts to support it, said his officers and the department have no potential gain whatever the outcome.
“We’ll let the attorneys deal with that,” he said. “We’re not trying to take any sides. We just presented the facts as given to us.”
Marilyn Dubil covers law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com.
