Morgan Hill – Two Morgan Hill residents may face murder charges stemming from an assault Thursday evening that left a pregnant woman injured and may have killed her unborn child.
Charles Peralta, 24, and Nicole Agriesti, 21, were arrested on suspicion of battery with great bodily injury, false imprisonment, assault with a deadly weapon and committing a hate crime for attacking a 32-year-old, pregnant woman in the parking lot of Murphy Ranch on Butterfield Boulevard, police said. Both are being held $100,000 bond at the Santa Clara County Jail.
According to Chief Assistant District Attorney Frank Carrubba, murder charges could be filed if the woman’s baby does not survive the attack.
“It is my understanding that the fetus is not expected to survive,” he said. “If it does not, there will likely be additional charges of murder filed.”
The assault occurred about 6pm Thursday at the apartment complex on Butterfield Boulevard and East Dunne Avenue after the suspects drove over groceries belonging to Xochitl Calderon, who is about two months pregnant. The three began arguing, then the confrontation turned physical, Sampson said.
“Both Peralta and Agriesti allegedly had Calderon forced against the rear of a vehicle and began to punch and kick her numerous times on her face and body,” said Sampson in a statement released Friday. “Nicole Agriesti was seen kicking Ms. Calderon on her stomach. Witnesses indicated that Charles Peralta also kicked Ms. Calderon on her stomach numerous times. While both Peralta and Agriesti were assaulting Calderon, they were heard yelling racist comments towards her due to the fact that she is of Hispanic descent.”
When officers arrived on the scene, Peralta and Agriesti were gone, but a witnesses provided their vehicle’s license number and a description, Sampson said.
Officers found Agriesti and Peralta at their residence and arrested them without incident, Sampson said.
Calderon was taken by ambulance to Saint Louise Medical Center in Gilroy. She was treated for bruises and cuts on her head and on her body.
“She was also reported to have hemorrhaging to the abdominal area causing more concern to the safety of her baby,” said Sampson. “She was released from the hospital but will undergo further observation and treatment form her private physician.”
Indications from the doctor are not good, according to Carrubba.
“The charges, which are not going to be filed until Monday, will be filed under homicide in San Jose,” he said Friday. “The killing of a fetus, specifically with malice aforethought, can be charged as murder.”
Carrubba said Calderon said in her statement that she was screaming during the assault that she was pregnant, asking the suspects not to hurt her child.
Sampson said the investigation into the assault is ongoing.
“We have asked her (Calderon) to stay in touch with us,” he said. “This is a difficult case to investigate just because of the emotional nature of the events. We have to hope the doctor’s wrong, and the baby will make it. But we will do everything we can to conduct a thorough investigation.”
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