The person arrested in the deadly shooting at the home of a Gilroy councilwoman walked out of jail Wednesday after the district attorney's office declined to file charges, pending further investigation.
David Calderon was scheduled to be arraigned Wednesday afternoon, but the district attorney's office released a statement saying, "We have declined to file charges pending further investigation. This was a large, chaotic Halloween party that ended with a tragic shooting and homicide."
Michael Macias, 18, was killed in the shooting early Saturday. Three others were also hit by gunfire. Two remain hospitalized.
Councilwoman Rebeca Armendariz owns the property where the party and shooting took place.
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The grandfather of Macias told NBC Bay Area that it is unexplainable how Calderon is not facing charges since several witnesses identified him as the gunman. He also said, right before the shooting, witnesses told him the lights at the home went out. He said, when the gunman opened fire, Macias jumped in front of another person to protect them and ended up dying in his younger brother's arms.
Armendariz did not immediately respond to NBC Bay Area's request for comment Wednesday. Calderon is her second cousin.
Witnesses who attended the party said at least 70 people were there, most of them teens in costume.
Officials previously issued a statement saying they believe there were at least two shooters.