Local Digest

Alleged killer’s case continued
San Martin
– A Morgan Hill man accused of shooting a Gilroy man who later
died from his wounds was back in court Tuesday, but only briefly,
as the case was continued to Feb. 9.
Alleged killer’s case continued

San Martin – A Morgan Hill man accused of shooting a Gilroy man who later died from his wounds was back in court Tuesday, but only briefly, as the case was continued to Feb. 9.

Anthony J. Frausto, 18, is being held without bail in the Santa Clara County Jail. He turned himself into police after hearing they were trying to contact him after the Sept. 30 homicide. Luis Bautista, 19, died at Regional Medical Center in San Jose after he was shot four times. Witnesses told police they saw Bautista running from a group of men in their late teens or early 20s behind the Safeway grocery store in Tennant Station shopping center. 

Assistant District Attorney Stuart Scott, who is prosecuting the case, said it is likely a date for a preliminary hearing will be set at Frausto’s next court appearance. 

Preliminary hearing moved

San Martin – Two Morgan Hill residents accused of beating a pregnant woman and using racial slurs against her were in court once again Thursday, but their preliminary hearing was moved to Feb. 9 because two police officers scheduled to testify were not able to appear.

Charles Peralta, 29, and Nicole Agriesti, 21, were arrested last July after Xochitl Calderon, 32, who was two months pregnant at the time, said she was punched and kicked repeatedly by the pair after they ran over a bag of groceries she left in the parking lot.

During the preliminary hearing, Superior Court Judge Susan Bernardini will listen to arguments from the prosecutor and defense attorneys, as well as testimony from witnesses and police officers. She will determine if there is sufficient evidence in the case to go to trial, as well as the specific charges Peralta and Agriesti will face if the case goes to trial. 

Peralta and Agriesti are free on $100,000 bail each. A special hate crime enhancement was added to charges of assault resulting in serious bodily injury because they reportedly yelled racial slurs as they allegedly beat Calderon. The enhancement would double the maximum sentence of four to eight years in state prison if they are convicted.