Investigation will look into whether Rebeca Armendariz violated city codes or regulations

An estimated 150 people attend a vigil at a candle memorial for 18-year-old Michael Daniel Zuniga-Macias, who was shot and killed during a Halloween party on the property of Gilroy Councilwoman Rebeca Armendariz. Photo courtesy Dori Ann Prado

By Robert Airoldi

A law firm hired by the city of Gilroy is conducting an independent investigation surrounding the actions or lack thereof by City Councilmember Rebeca Armendariz in connection with the Oct. 30 shooting that left one man dead.

The firm will look into whether the first-term councilmember violated any city codes or administrative rules in relation to the shooting on her property.

Gilroy City Administrator Jimmy Forbis told Mayor Marie Blankley and the city council in a Nov. 5 letter that the San Francisco-based law firm Hanson Bridgett LLP has been hired to conduct the administrative investigation.

“To avoid any perceived or actual conflicts of interests, the city will not conduct the administrative investigation into such possible violations of City Code or regulations internally,” Forbis wrote in the letter to the council.

Just before 1 a.m. that morning, police responded to reports of a shooting at the party on the 400 block of Las Animas Avenue.

When they arrived they found Michael Daniel Zuniga-Macias, 18, dead at the scene, and three other victims between the ages of 17 and 19, injured. Two have since been released, while one remains hospitalized.

Meanwhile, police arrested two men, though neither have been charged with crimes related to the shooting. Gilroy resident Benjamin David Calderon, 19, was arrested later on Oct. 30, but the Santa Clara County District Attorney’s office declined to charge him without additional investigation. Armendariz told ABC7 Calderon is her cousin.

Lucas James Tomasetti, 18, was arrested after law enforcement officers served search warrants Nov. 9, at three different locations in the city. A firearm was located at one of the locations. It is not known if the weapon was used during the shooting, police said. Tomasetti was charged with being a felon in possession of a firearm, police said. He was booked into Santa Clara County Jail.

Police have said they think two suspects fired weapons during the shooting. Two firearms were recovered at the scene, but it is unknown if these weapons were used in the Oct. 30 incident.

The investigation will look at possible violations of the city’s social host accountability ordinance, possible violations of the special event permit requirements and any possible use of city assets and or unauthorized closure of a city street, according to Forbis.

The ongoing investigation into the Oct. 30 shooting is still being led by the Gilroy Police Department and the Santa Clara County District Attorney’s Office.

At the Nov. 15 council meeting, Armendariz read a statement:

“My thoughts are first and foremost for the victims and their families, especially the Zuniga-Macias family that lost a son, brother, grandson, and all the young people who lost their friend,” she read.

“I know there are many questions on the mind of the public. There’s a lot that we would all like to know. I am cooperating with the investigation and ask that we all respect the process as we see it through . . . I remain in service as your city council member.”

Michael Daniel Zuniga-Macias

The city’s “social host accountability” ordinance holds adult hosts or landowners responsible if they “knowingly allow such loud or unruly gatherings to occur on their premises, at their residence or at rented facilities where alcoholic beverages are served to, consumed by, or in the possession of underage persons.”

“It shall be unlawful for a person to knowingly conduct or allow a loud or unruly gathering where alcohol is served to, consumed by or in the possession of an underage person,” the ordinance reads.

The city also requires a “special event permit” any time a resident, property owner or organizer plans a large-scale meeting, concert, live music, assembly, fundraiser or parade that involves the closure of public streets or the use of amplified sound,” according to the city’s website. Special event permit requirements apply to public and private events.

Questions continue to mount for Armendariz, including how the party was planned and promoted and where she was when shots were fired.

From a flyer invitation on social media, it appears Calderon was the organizer of the party. The invitation shows that attendees must be 18 or older and that security would be provided. It encouraged costumes and had the acronyms BYOB and BYOW at the top.

This incident is being investigated by the GPD. Anyone with any information may contact Det. Chris Silva at (408) 846-0335. Those wishing to remain anonymous may call the Tip Line at (408) 846-0330.