The Santa Clara County Attorney’s Office said Wednesday it has no plans to indict the 19-year-old man arrested in connection with the fatal shooting near the home of City Councilor Gilroy this weekend.
Michael Daniel Zuniga-Macias, 18, died in an incident reported early Saturday. Three more were injured, two of them seriously.
Benjamin David Calderon was arrested Sunday when SWAT officers served a search warrant at Gilroy’s home.
“We declined to press charges pending further investigation,” said Deputy Chief Justice Angela Bernhard. “It was a big, chaotic Halloween party that ended in tragic shooting and murder.”
Two people are believed to have been involved in the shooting, investigators said in a statement released Monday.
According to police, the shooting occurred after a brawl broke out at a large party held at a residence on the 400th block of Las Animas Avenue.
KGO-TV in San Francisco said the filming took place at a residence on the same site as councilor Rebecca Armendaris’s home.
Armendariz told KGO that she was at home at the time of the shooting, but was not present at the party held in her side yard. According to her, there is a second house on the site.
Zuniga-Macias was pronounced dead at the scene and the other two were rushed to hospitals with life-threatening injuries. The fourth person was treated for injuries and was discharged from the hospital.
Two firearms were found at the scene, officials said, but it is unclear if they were used in the shooting.