Accused ABC10 shooter argues for pre-trial release; feds cite school visit that 'frightened' staff
The man accused of shooting into the lobby of Sacramento's ABC10 is scheduled to face not one, but two judges as his attorney, Mark Reichel, seeks bail in both state and federal courtrooms Thursday afternoon.Anibal Hernandez Santana, a 64-year-old California lawyer and retired lobbyist, was arrested last week in connection to gunshots that left three bullet holes in the lobby windows of the TV station. Federal prosecutors also accused him of firing into the air in a school zone. He initially bailed out of jail on Saturday morning following his arrest on suspicion of state criminal charges, but was re-arrested later that day on federal criminal charges."Mr. Reichel will seek bail for his client during the scheduled federal court hearing Thursday afternoon. The request will include strong conditions of release for Mr. Hernandez Santana, which will satisfy all public safety concerns," Reichel said in a statement. "Mr. Reichel will also seek to restore Mr. Hernandez Santana's bail as approved in his state case last weekend."New motions in the federal case filed by the government and Hernandez Santana's defense attorneyKCRA 3 obtained motions filed in federal court from the defense and federal prosecutors. What prosecutors say:The government's court document, filed Thursday, seeks to "demonstrate the dangerousness" that Hernandez Santana poses should he be released. | RELATED | Read the government's motion hereIt cites a visit to a Sacramento elementary school by Hernandez Santana three days before the TV station shooting where Hernandez Santana made an "unusual request that 'frightened' school staff and teachers." On Sept. 16, Hernandez Santana entered the closed campus of his child's former elementary school in Land Park while dressed in "military-looking pants, an army cap and dark sunglasses" and appeared anxious, according to the documents. Hernandez Santana asked if he could read to the children and was told that wasn't possible, the documents said. He was told to be cleared as a volunteer but insisted that he be allowed to volunteer that day. He then left a note saying he wanted to read to young students during his spare time, according to the court documents. Prosecutors said school staff contacted the FBI about the encounter after seeing media coverage of the ABC10 shooting, and were concerned about their safety. One school employee said she had "barely recognized" Hernandez Santana and that he had looked "very out of character." The court filing says the behavior was "all the more concerning" because Hernandez Santana should have known about proper volunteering procedures to follow as a former after-school Spanish teacher and because of his "professional experience of having gone to law school." The prosecutors argue the visit was "consistent with pre-attack site surveillance." What the defense says:Hernandez Santana's defense filed its motion Wednesday, arguing that he deserves to be released on bond, pending his trial, with electronic monitoring and home detention. | RELATED | Read Hernandez Santana's motion for release on conditions hereThe filing says Hernandez Santana was raised in Puerto Rico in "an excellent family," attended college, attained the rank of Captain during seven years of Army service, then obtained a Master's degree at UC Berkeley and a law degree from the UC Hastings College of 30. He went on to serve as a legislative advocate and in related roles for more than 30 years before his retirement, the filing states. It says he has no prior criminal charges, has extensive Sacramento ties with his wife and children and broad support from extended family and friends. The court documents also argue that Hernandez Santana is being made an example of by federal prosecutors because his "political career and political alignment place him squarely in the category of the perceived 'enemies' of The Trump Administration.""Quite simply, if Donald Trump was not the President, along with his brand of political authoritarianism, Anibal would not be in federal court," the documents say. "The Sacramento County District Attorney’s office has a long record of being able to successfully prosecute state criminal offenses like shooting at an occupied building. Indeed, their District Attorney has issued strong statements in media interviews advising that he will prosecute the case to the fullest extent possible."The filing alleges that there "are hundreds of shootings into the air and occupied building shootings in Sacramento County yearly. None make their way to the District Court in Sacramento."The charges that Hernandez Santana faces in both casesIn the federal case, Hernandez Santana has been charged with possession of a firearm within a school zone and discharge of a firearm within a school zone, in addition to interference with a radio communication station. That's according to an amended criminal complaint filed Monday in U.S. District Court for the Eastern District of California.| RELATED | Read the amended criminal complaint hereIn the complaint, prosecutors revealed a note referencing sex trafficker Jeffrey Epstein and members of the Trump administration -- FBI Director Kash Patel, Deputy Director Dan Bongino and Attorney General Pam Bondi -- was found in the suspect's car after his initial release on bail on Saturday.According to the court documents, Sacramento police officers who executed the search warrant found a handwritten note that read, “For hiding Epstein & ignoring red flags. Do not support Patel, Bongino, & AG Pam Bondie. They’re next. – C.K. from above.”Sacramento County District Attorney Thien Ho said he believes "C.K. from above" in the note was a reference to the slain conservative activist Charlie Kirk. Hernandez Santana faces a maximum penalty of five years in prison and up to a $250,000 fine related to possessing and firing a gun in a school zone, if convicted. The interference with a radio communications station charge carries a maximum of one year imprisonment and a fine of up to $10,000.In addition to the federal charges, the Sacramento County District Attorney's Office said Hernandez Santana will face state charges related to discharging a firearm into an inhabited building and assault with a semi-automatic firearm, along with personal use of a firearm allegation.If convicted of those charges, he would face a maximum sentence of 17 years in state prison."We believe it was politically motivated," Sacramento County District Attorney Thien Ho told KCRA 3 of the shooting. He added that part of that motivation was "to attack a free press, a free media."Hernandez Santana's attorney is expected to make another statement in between this afternoon's two bail hearings located just a few blocks apart.The first hearing is inside the Robert T. Matsui U.S. Federal Courthouse at 501 I Street. The other one takes place in the Sacramento County Superior Courthouse at 720 Ninth Street. See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
