No charges for now in fatal Halloween party shooting outside home of Gilroy council member

Trees frame a clock tower atop a tile roofed building
(Kent Nishimura / Los Angeles Times)

The Santa Clara County district attorney’s office said Wednesday it has no plans to file charges against a 19-year-old man arrested in connection with a fatal shooting outside the home of a Gilroy city council member this weekend.

Michael Daniel Zuniga-Macias, 18, was killed in the incident reported early Saturday. Three others were injured, two of them severely.

Benjamin David Calderon was arrested Sunday when SWAT officers served a search warrant at a Gilroy home.


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

The shooting took place during a party on Saturday at the home of Gilroy City Council Member Rebeca Armendariz.

Nov. 1, 2021

Two people were believed to have been involved in the shooting, investigators said in a statement issued Monday.

According to police, the shooting occurred after a fight broke out at a large party held at a residence in the 400 block of Las Animas Avenue.

KGO-TV in San Francisco reported that the shooting took place at a residence located on the same property as the home of Council Member Rebeca Armendariz.

Armendariz told KGO that she was home at the time of the shooting but was not attending the party being held in her side yard. She said a second home is located on the property.

Zuniga-Macias was pronounced dead at the scene, and two others were taken to hospitals with life-threatening injuries. A fourth person was treated for injuries and released from the hospital.


Two firearms were located at the scene, but it was unclear if they had been used in the shooting, officials said.