Once again, a hearing for two Morgan Hill residents accused of
assault with a hate crime enhancement has been pushed back a month.
Charles Peralta, 24, and Nicole Agriesti, 21, made their third
appearance in Santa Clara County Superior Court Tuesday afternoon,
and their attorney requested a continuance of four weeks.
Once again, a hearing for two Morgan Hill residents accused of assault with a hate crime enhancement has been pushed back a month.

Charles Peralta, 24, and Nicole Agriesti, 21, made their third appearance in Santa Clara County Superior Court Tuesday afternoon, and their attorney requested a continuance of four weeks. Judge Susan Bernadini granted the continuance, so the pair will return to the courtroom on Oct. 25 at 1:30pm, this time to enter a plea.

Both Peralta and Agriesti are free on $100,000 bail.

They are charged with assault resulting in serious bodily injury after an incident outside the apartment of the victim, Xochitl Calderon, 32. According to Morgan Hill Police Cmdr. Joe Sampson, Calderon and witnesses to the attack say Peralta and Agriesti were in a car in the parking lot and ran over a bag of groceries Calderon had put down on the pavement. When Calderon yelled at them to pay for the groceries, she said, Peralta threw a penny at her and yelled racial insults. Sampson said Peralta told detectives Calderon then kicked the car, which provoked Peralta and Agriesti to get out of the car. Calderon and witnesses told police the pair beat her in the arms and abdomen, yelling racial insults at her while also kicking her. Calderon told police she screamed to Peralta and Agriesti to stop, that she was pregnant.

Calderon did not lose the baby, despite grim predictions from her doctor.

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