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Council Candidate Arrest Confirmed, Technicality Explained

Paying a fine for a missed court still counts as an arrest when a warrant has been issued, according to Gilroy Police.

Update 5:40 p.m.: The Gilroy Police Department has confirmed that Gilroy City Council Candidate Rebeca Armendariz was technically arrested last week.

"Just because she wasn't placed in handcuffs, doesn't mean she wasn't arrested," Sgt. Pedro Espinoza said. "You don't have to be taken into custody. Technically it is still an arrest."

According to Espinoza, the Santa Clara County Sheriff's Office called the Gilroy Police Department at 12:40 a.m. Friday to confirm Armendariz's warrant. Hours earlier, she had gone to the sheriff's office in San Jose to pay a fine for missing a court date for using a cell phone while driving. 

The arrest location on the Gilroy Police Department's arrest log was listed as Hanna Street, the location of the department. Espinoza said he wasn't sure why it was marked down in that way.

So the verdict is in — paying a fine for a missed court date after a warrant has been issued, handcuffs or not, is still an arrest. 

Update 11:56 a.m.: City Council Candidate Rebeca Armendariz was as surprised as anyone to read Monday morning that she was arrested on Friday, she told Gilroy Patch.

"I was never arrested," she said. "I missed a court date and went to San Jose to pay the fine."

According to Armendariz, she was issued an infraction for using a cell phone while driving, and due to her campaign duties, missed her appointed court date to settle the infraction.

She went to the Santa Clara County Sheriff's Office in San Jose late last week to pay the fine and get a new court date, she said.

The Gilroy Police Department releases arrest reports biweekly. On the report issued Monday morning, Armendariz is listed as having been arrested for an unspecified warrant at 12:40 a.m. on Hanna Street on Nov. 2. Gilroy Police have yet to clarify Armendariz's placement on the arrest report.

Stay tuned to Patch for more information. 

Original Story: Gilroy Police Department arrest records show that Rebeca Armendariz, a Democratic candidate for Gilroy City Council, was arrested on Friday at 12:40 a.m.

Armendariz, 37, was arrested on an unspecified warrant on Hanna Street.

Despite the arrest, early voting with Armendariz's name on the ballot has been going on for weeks. 

And while it is unknown when she was released, her Facebook accounts remained active over the weekend.

On Friday, her official campaign Facebook posted a message saying "4 Days and counting.....nervous and happy, exhausted, yet excited! get out and vote my friends!"

Then on Saturday at 1:37 p.m. on her personal account she posted "Who can help today? Meet up at Las Animas Park, near the Skate Boarding area!"

Monday morning, she again reached out to her Facebook network, saying "24 hours left....give your friends and family a call/text/email and remind them to vote! If they live in Gilroy, remind them to vote for me! :)"

Armendariz has served on the Parks and Recreation Commission and Citizens Advisory Commission for the Community Development Block Grants.

Stay tuned to Gilroy Patch for more information on her arrest. 

OldTimeGilroy November 05, 2012 at 07:39 PM
DUMP DA DUMP DUMP!
Jacob Bourne (Editor) November 05, 2012 at 07:55 PM
Important update: Rebeca Armendariz has told Gilroy Patch that she certainly was not arrested. Waiting on more info from the Gilroy PD.
OldTimeGilroy November 05, 2012 at 11:54 PM
Jacob: whenever you self-surrender on a warrant it's an arrest. You don't have to be cuffed, stuffed, and tossed in a cell.
Jacob Bourne (Editor) November 06, 2012 at 01:36 AM
You are correct about that. See the latest update above.
In The Spotlight Video and Promotions November 06, 2012 at 08:55 AM
I bet what happened here is she went to pay her fine after missing court, paid it and left. The next shift came on, found the warrant, and called and verified it and because she had paid it, did'nt really push it to go pick her up. If they did not tell her she was under arrest and she did'nt sign any arrest papers, which you HAVE to do upon arrest, she was NOT arrested. Or, she was arrested and not notified since the matter had been resolved which i have personally seen done.
OldTimeGilroy November 06, 2012 at 01:17 PM
The sheriff's department does not collect fines-they collect bail. Those who self-surrender pay BAIL and are given cited out and given a new court date.
Chrystine Lawson November 06, 2012 at 06:05 PM
I just heard on KLIV that it was a ticket for using her cell phone and she paid it. Yes-she should have paid it earlier to avoid this situation but it does not undermine all the work and dedication she has to our Gilroy community. I've seen her impact in our community for years and hope that she can represent us on the council!
karen g November 07, 2012 at 07:27 PM
No mention in this story about the fact that her warrant was for driving on a SUSPENDED LICENSE, which is a misdemeanor, not just the cell phone violation.

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