The City of Gilroy has been dismissed from all litigation filed by the families of two young men who died as a result of a 2021 shooting at the home of City Council member Rebeca Armendariz.
City officials announced the dismissal from the lawsuits on Oct. 11. In the most recent court action, the Santa Clara County Superior Court sustained the city’s demurrer in the case of Petra Macias and Jerimiah Macias vs. the City of Gilroy, Armendariz and other parties, says the announcement from the city.
That lawsuit had been filed by family members of 18-year-old Michael Daniel Zuniga-Macia, who was pronounced dead shortly after authorities arrived at the scene of the Oct. 30, 2021 shooting at the Armendariz home at 490 Las Animas Ave.
Following the recent court order, the Macias family agreed to dismiss the City of Gilroy from the lawsuit, city staff said.
Another victim of the shooting, Jesse Sanchez, 19, died in May 2022 as a result of gunshot injuries suffered in the violent incident. Sanchez’s family had also filed a lawsuit against the city and other defendants. The City of Gilroy was dismissed from that lawsuit on Nov. 20, 2023.
All defendants have been dismissed from both lawsuits following insurance settlements with the victims’ families, the city said.
The 2021 shooting occurred during a Halloween party at the Armendariz home that started the evening of Oct. 29 and continued into the early morning. Just before 1am Oct. 30, Gilroy Police responded to reports of a shooting at the party.
Police determined four people had been shot during an altercation. Pronounced dead at the scene was Zuniga-Macias. Sanchez and two other victims—between 17 and 19 years old—were injured by the gunfire, according to police.
The city last week said it has spent about $119,000 on the resulting litigation in civil court—including $49,000 to defend the lawsuits and another $70,000 on an internal investigation.
“We may now put this litigation behind us as the City of Gilroy was not involved in the private Halloween party that gave rise to the litigation, as confirmed by the court,” Mayor Marie Blankley said in a statement. “Sadly, two individuals lost their lives, and two additional individuals were injured as a result of violence that occurred at the party. As we approach the third anniversary of the incident, we hope for continued healing for the families and the community.”
In April 2022, an internal investigation commissioned by the city council found that Armendariz violated several city ordinances when she helped organize the Halloween event at her home that ended in violence.
In addition to Armendariz, Augustina (Sally) Armendariz, Benjamin Calderon and Domingo Armendariz were also found in violation of the Social Host Ordinance and for failing to acquire a permit for the event where alcohol was being consumed and attracted about 100 people, many of which were teenagers, according to the investigation report.
The City of Gilroy issued 10 citations to Armendariz, while Sally Armendariz, Benjamin Calderon and Domingo Armendariz were issued four apiece.
The six-month-long investigation concluded that Armendariz violated the city’s Social Accountability Host Ordinance, which 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.”
In interviews with Armendariz, the investigators said that Armendariz told them that her nephew was planning a party for his friends and coworkers at the house. Armendariz reportedly said she objected to the party, citing Covid-19 concerns and her own dislike of having parties at the house, but said it was the decision of her mother, Augustina (Sally) Armendariz, who owns the property.
According to the report, Armendariz said she did not assist with the party’s planning, but provided her nephew and son with the phone number to rent a Porta-Potty, and the number for the owner of the empty lot across the street, which her nephew wanted to use for overflow parking.
The report also stated Armendariz violated the city’s special event permit requirements by not obtaining a permit for the Halloween party, and also for using city-issued barricades that were only authorized for a Dia de los Muertos event on Horlein Court downtown on Oct. 30.
The city’s investigation was conducted by San Francisco-based law firm Hanson Bridgett LLP.
Gilroy Police have said they think two shooters were involved in the Oct. 30, 2021 altercation. No suspects have been arrested or publicly identified in relation to the incident.
