A pregnant woman assaulted in the parking lot of her west Morgan
Hill home returned to the hospital for an overnight stay Friday and
again on Sunday, but has not lost her unborn child, she said
Monday.
The suspects, who allegedly beat her Thursday while yelling
racial epithets, are awaiting arraignment for the assault charge
with a hate crime enhancement. Should the unborn child die, the
Santa Clara County District Attorney’s Office has said they will
file murder charges.
Morgan Hill – A pregnant woman assaulted in the parking lot of her west Morgan Hill home returned to the hospital for an overnight stay Friday and again on Sunday, but has not lost her unborn child, she said Monday.
The suspects, who allegedly beat her Thursday while yelling racial epithets, are awaiting arraignment for the assault charge with a hate crime enhancement. Should the unborn child die, the Santa Clara County District Attorney’s Office has said they will file murder charges.
Xochitl Calderon, 32, who is two months pregnant, was beaten and kicked at an apartment complex on East Dunne Avenue and Butterfield Boulevard, after an argument over a bag of groceries the suspects ran over with their car.
“I feel bad, really bad,” Calderon said by phone Monday afternoon. “I am hurting, aching and I was back at the hospital yesterday again because I was bleeding again.”
The doctor, she said, told her there is a 90 percent chance she will lose the baby. If she does lose the baby, murder charges will be filed against the pair that attacked her, according to Chief Assistant Deputy District Attorney Frank Carrubba.
Charles Peralta, 24, and Nicole Agriesti, 21, both of Morgan Hill, are being held in Santa Clara County Jail on $250,000 bond each. The pair was originally held on $100,000 bond each when they were first arrested Thursday.
“Charges of assault resulting in serious bodily injury … were filed, with a hate crime enhancement,” Carrubba said.
The hate crime enhancement could add four years to their sentence if they are convicted. They could be sentenced to a total of eight years in state prison, Carrubba said.
The special enhancement springs from racial remarks yelled at Calderon, who is Latina, during the assault, according to Morgan Hill Police Cmdr. Joe Sampson.
“The things they allegedly said, it’s gut-wrenching,” he said.
According to statements from witnesses and Calderon, Agriesti and Peralta yelled racial slurs as they attacked her.
“They said bad words, they called me names, they said, ‘You (expletive) wetback, go back,’ ” Calderon said. “When I said to them, ‘You should pay for my food,’ the man, he said, ‘I’ll pay your food, you (expletive) wetback woman,’ and he pushed a penny at me. And he and the woman, they screamed at me more bad words.”
Sampson said according to statements from the victim and witnesses, the argument allegedly began when Peralta and Agriesti ran over Calderon’s groceries in the parking lot. The argument then became physical, Sampson said, Agriesti and Peralta “began to punch and kick her numerous times on her face and body.”
“He hit me, with a closed hand, he hit my face, my arm, my leg and he pressed my knee and they both together hit my stomach,” she said. “I was telling them please don’t hurt my baby and calling out for someone to help me … I was very surprised, I don’t know why they do it. I’ve never had no problems there, nothing. And they said to me, ‘Mexican, what you do here,’ and they called me stupid.”
Sampson said the only motive revealed so far that he has heard in interviews with the suspects is that Calderon allegedly kicked the vehicle they were in after Peralta gave or threw a penny at her.
“He said she went around to the woman’s side of the car and kicked the car,” Sampson said.
Calderon said she is scheduled for an ultrasound soon, if she does not lose the baby before then.
Agriesti and Peralta will be arraigned in San Martin this afternoon, Carrubba said.
