Says he was only ‘breaking up’ fight
Morgan Hill – A man accused of an assault on a pregnant woman said he wants to tell his side of the story, after months of saying “no comment” when asked about the incident.
Charles Peralta of Morgan Hill said he is not guilty of anything more than breaking up a fight between his girlfriend, Nicole Agriesti, and the alleged victim.
They are both free on $100,000 bail each.
Peralta, 30, and Agriesti, 22, face charges of assault causing bodily injury with a hate crime enhancement. The enhancement could add as many as three years to a prison sentence if Agriesti and Peralta are convicted. The assault charge carries a maximum penalty of four years and a fine up to $10,000.
The alleged assault took place on July 21, 2005. According to Morgan Hill Police, Xochitl Marina Calderon, 32, told police she was allegedly assaulted by the pair after they allegedly ran over a bag of groceries she left in the parking lot of the Cochrane Village Apartments. Calderon said the pair repeatedly hit her and kicked her, even as she told them she was two months pregnant. She also said they called her a “wetback.”
Defense attorneys for the pair say Calderon was the instigator, and Agriesti was trying to defend herself while Peralta was trying to break up the fight.
Deputy District Attorney Mark Hood has said he does not want to discuss the specifics of the case in the media.
Morgan Hill police Sgt. David Swing said the department completed the investigation into the incident and turned the case over to the District Attorney’s Office, where a decision was made to file charges against Peralta and Agriesti.
Swing also said he didn’t want to discuss case specifics.
Peralta said he is tired of hearing “lies” about him.
“The truth is under everyone’s nose, and no one wants to see it,” he said during an interview with the Times. “Just wait for trial. That’s when the truth is going to come out …. I’m going to win this, you’ll see.”
The case is scheduled for a jury trial in November.
Peralta said he never kicked Calderon or hit her, as some witnesses testified during the preliminary hearing. He said he tried to separate the two females, and later, when he and Agriesti were trying to leave the apartment complex parking lot, where the fight took place, he had to physically move Calderon from behind their car so they could back out of the parking place.
“Our side hasn’t come out yet in court, really,” he said. “There’s one witness who saw the whole thing, and he knows it’s all lies, what she’s saying.”
Peralta said he wants the public to know the truth, but he also wants to offer a warning to others.
“I don’t want this to happen to anyone else,” he said. “I don’t think it’s even legal what they’ve done to me. They should have checked (Calderon’s) background.”
Peralta alleges that Calderon has a history of problems with anger and disagreements with others and said that police should have checked into reports by neighbors about her history.
The hate crime enhancement, Peralta said, is “nonsense.”
“Sure, I called her ‘wetback,’ but that doesn’t mean anything; I’m Mexican, our first language is Spanish, and I’m proud to be Mexican,” he said. “It’s just like to white people calling each other ‘whitey,’ or whatever. It doesn’t mean anything.”
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com.
