A judge reduced the bail for Nicole Agriesti and Charles Peralta
during the pair’s first court appearance Tuesday for assaulting a
pregnant Morgan Hill woman last week.
Santa Clara County Superior Court Judge Susan Bernardini reduced
the defendants’ $250,000 bail back to the originally levied
$100,000 during a court appearance in San Martin.
San Martin – A judge reduced the bail for Nicole Agriesti and Charles Peralta during the pair’s first court appearance Tuesday for assaulting a pregnant Morgan Hill woman last week.
Santa Clara County Superior Court Judge Susan Bernardini reduced the defendants’ $250,000 bail back to the originally levied $100,000 during a court appearance in San Martin.
The two Morgan Hill residents face charges of assault resulting in serious bodily injury with a hate crime enhancement for attacking 32-year-old Xochitl Calderon, who is two months pregnant, in the parking lot of her apartment complex on Thursday evening, police said. If convicted, they could face eight years in state prison.
“Circumstances were exactly the same as they are today (when bail was originally set at $100,000),” said Bernardini. “Do we have to worry about either of them being a danger to the public, re-offending or as a flight risk?”
Bernardini did say the defendants’ bail could be raised again if the victim’s baby dies as a result of the attack. Chief Assistant District Attorney Frank Carrubba said murder charges will likely be filed if the woman loses her baby.
“This is a touch and go, wait and see situation,” Carrubba said during Tuesday’s court session. “(The decision to file murder charges would be) based on the results of an autopsy by the coroner’s office.”
Calderon returned to the hospital on Friday and Sunday, but had not lost the child by Tuesday afternoon. Doctors, however, have given the child a grim chance of survival, Calderon told the Gilroy Dispatch Monday.
Mark Arnold, Agriesti’s attorney, said the Morgan Hill Police Department’s investigation unfairly charged his client for the assault last Thursday and that he believed she will be found innocent.
“I am certain my client will be exonerated,” Arnold said after the bail hearing. “There has been a misconstruction of events and I am confident that further investigation will reveal the truth of what really happened … The police department determined in their own mind what happened and they set out to justify what they predicted.”
Peralta has been assigned a public defender.
According to police, the confrontation began when Peralta allegedly ran over Calderon’s bag of groceries with his car outside her home last Thursday. When Calderon told Peralta, 24, and Agriesti, 21, they should pay for the groceries, Peralta allegedly threw a penny at her, police said. The pair then got out of their car and attacked Calderon while yelling racial epithets, according to MHPD Cmdr. Joe Sampson.
Arnold said Calderon actually attacked Peralta and Agriesti and the two were simply defending themselves. He told the court Agriesti has cuts and bruises from the encounter.
“He is certainly entitled to his opinion,” Morgan Hill Police Chief Bruce Cumming said. “I am confident that our officers conducted a very thorough, a very fair, investigation. And so is the District Attorney. This is a sensitive issue, and there are a lot of emotions involved. I feel very comfortable with the investigation conducted by our department. If the DA requests further investigation, of course we will do what needs to be done.”Peralta and Agriesti attended the hearing yesterday in shackles and manacles, dressed in red prison garb, generally the color reserved for homicide suspects. During most of the court appearance, Agriesti had her back turned to the courtroom filled with supporters of both the defendants and victim. At times, she shielded her face with her slipper-type shoe. Peralta kept his head down during most of the proceedings.
Agriesti, who has no prior criminal record, is a full-time student studying administration of justice at DeAnza College, according to Arnold. Peralta is employed full-time and has been cited for drinking and driving in the past.
Both were cautioned by Bernardini not to contact the victim in any way, shape or form, even through a third party. Bernardini also instructed the defendants to stay at least 300 yards away from Calderon and her home at all times.
Peralta and Agriesti will make their next court appearance at 1:30pm Aug. 16, when they are expected to enter a plea.
Cumming said the attack is a rare occurrence in the normally quiet city and is bound to generate attention by local residents.
“This was an outrageous incident and the community should be angry,” he said. “It arose out of such a minor incident that could have been solved with apologies.”
