MILPITAS – With 26 missed calls, stalking and malicious harassing being only a part of 34-year-old Victor Hugo Nieto’s charges, the motive behind all the threats was his intent to control a former ex-girlfriend who had tried to separate after he began using “Meth”. Under the drug, the user shows erratic eye movement and behaviors, according to the Milpitas Police Department Investigators who arrested Nieto on charges that included malicious harassing, under PC 646.9 (a), in which he threatened to harm his ex-girlfriend. On June 22 Nieto is charged with committing a sexual assault under 245 (a) (4), PC 220 – felony intent to commit rape, and PC 484-487 (c) – grand theft. Nieto, also known as Victor Hugo Nieto-Valero, had been arrested just over a week before on charges of being under the influence and possession of drug paraphernalia.
According to his ex-girlfriend, Nieto had promised several times that he would change and would not use meth, and asked if he could see his 1-year-old son that the couple had together. He told the victim, “Please give me 2-3 minutes”. She saw that he was not leaving, and thought he would not bother her if she let him see his son. However that is when everything turned sideways. Nieto stayed in the small rented room for more than two hours, causing her to become upset and unable to get Nieto to leave. He had come to the house 3 or 4 times prior to the attack. Nieto had tried to force himself on her, but she told him that they could not have sex because they did not have any condoms, thinking this would make him go away. But Nieto became increasingly aggressive. She felt that since she knew him he would not attack her or force her to have sex with him.
Nieto returned the next day with him a package of condoms. He had waited for her to open the sliding glass door leading to her room to enter. Unable to stop him from entering she told Nieto, “Please go away”. Nieto told her “What’s going to happen will happen”. That is when the situation grew worse. While completely undressed, Nieto grabbed the victim by the throat. She began to scream, but Nieto covered her mouth with one hand. He told the victim, “I don’t care, you can scream, nobody is going to hear you”. After waiting more than a half hour while Nieto was grabbing her breasts and kissing her, he let her go. He had not penetrated her but had forced himself on her, but when she told him she would be with him, he stopped. She was then able exit the room and called for the roommate to call 9-1-1.
A male roommate living on the next level of the home came back to the room to look for Nieto, but he had left. When MPD officers arrived they noticed that the victim had redness around her wrists, cheeks and neck. She complained to officers that her neck hurt and that she needed medical attention. She was treated by the Milpitas Fire Department for her injuries. She told MPD Officers that Nieto was using “Crystal Meth” when he had attacked her. She said that she had moved out from living together because of his choice to use the drug. She said that he had often jumped over the exterior wall into the side yard leading to her room, where the sliding glass door led to her room. She said that she felt he had come to the house multiple times before, making her fearful to leave the home.
A blood sample was taken from Nieto before he was booked into the Santa Clara Main Jail on Monday, June 23. Nieto appeared in the Hall of Justice on July 1 in Dept 45. Bail was set at $135,000. The next court date has been scheduled for Aug 19 at 9:00 am in Dept 45.