Crime & Safety

No Charges Filed Against Gilroy Halloween Party Shooting Suspect

The Santa Clara County DA's Office said "further investigation" is needed in the case of the shooting at a Gilroy councilmember's residence.

GILROY, CA — No charges were filed against a suspect arrested in connection with a fatal shooting at a Halloween party over the weekend at the residence of a Gilroy city councilmember, the Santa Clara County District’s Attorney office announced Wednesday.

Benjamin David Calderon, a 19-year-old Gilroy resident, was arrested on Sunday. Gilroy police announced earlier this week that there were at least two shooting suspects, but did not name another suspect besides Calderon.

“We have declined to file charges pending further investigation,” Santa Clara County Chief Trial Deputy District Attorney Angela Bernhard said in a statement Wednesday. “This was a large, chaotic Halloween party that ended with a tragic shooting and homicide.”

Find out what's happening in Gilroyfor free with the latest updates from Patch.

On Saturday around 12:55 a.m., police received a 911 call of a shooting on the 400 block of Los Animas Avenue in Gilroy, the Gilroy Police Department said in a statement on Sunday. After arriving at the large outdoor party, officers learned that an altercation had escalated into a shooting at the gathering.


Related: Victim Killed In Gilroy Halloween Party Shooting Identified

Find out what's happening in Gilroyfor free with the latest updates from Patch.


The Santa Clara County Coroner's office identified the victim killed in the shooting 18-year-old Michael Daniel Zuniga-Macias, the Gilroy Police Department announced Monday.

Zuniga-Macias was one of four people shot at the residence of Gilroy councilmember Rebeca Armendariz. Two victims remained in the hospital and the fourth was released after treatment, police said Monday.

Two firearms were found at the scene after it was processed by both of the Gilroy Police Department's Crime Scene Investigations Unit and the Santa Clara County Crime Lab, though it is unclear whether they were used in the shooting, according to police.

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