A man accused of firing a gun at the ABC10 TV station in Sacramento was flagged on X for a post that may have violated the social media platform’s “rules against Violent Speech” a few days before the shooting.

Anibal “Al” Hernandez Santana, 64, of Sacramento faces federal and California criminal charges stemming from last week’s shooting. He remains in custody at the Sacramento County Main Jail as prosecutors seek to keep him behind bars for the duration of his criminal case.

“Defendants accused of wrongdoing are presumed innocent at all stages in the legal process before trial,” a spokesperson for Hernandez Santana’s legal defense team said in a written statement Tuesday. “Depriving a defendant of their liberty before trial makes the entire legal process longer and more difficult, because it creates additional hurdles that defendants and their lawyers must overcome to prepare a robust legal defense that everyone is entitled to.”

Three days before the ABC10 shooting, the retired lobbyist made the post on X, which later flagged the post and restricted its visibility, making it viewable only to users who clicked a “View” button.

“I support the death penalty for Tyler Robinson,” Hernandez Santana posted Sept. 16 on X. “Absolutely, as soon as the fed criminal code is amended to add the death penalty for a president who refuses to step down after certified election results and/or incites an insurrection. This has been a PSA for democracy. Thank you.”

Robinson is accused of fatally shooting conservative political activist Charlie Kirk at a Sept. 10 event at Utah Valley University. The president mentioned in the post is not named, but Hernandez Santana is presumably referring to Donald Trump’s involvement with the Jan. 6, 2021, insurrection at the U.S. Capitol with his unsubstantiated claims of a rigged November 2020 presidential election.

News outlets have reported on Hernandez Santana’s social media posts on X, including CBS13 and Variety as the Sacramento shooting made headlines nationwide with any potential links to ABC’s removal of the “Jimmy Kimmel Live!” late night show.

The shooting occurred shortly after 1:30 p.m. Friday at the ABC10 TV station in the 400 block of Broadway in the Upper Land Park neighborhood; a day after about 15 protesters held a demonstration outside the TV station to denounce a network decision to take “Jimmy Kimmel Live!” off the air following remarks Kimmel made related to Kirk’s murder and the suspect’s reported political ideology. The show was set to return to the airwaves in most markets Tuesday night.

There were no protesters outside the TV station, which is not owned by ABC, when the shooting occurred Friday, and no injuries were reported. Police have said there were people inside the ABC10 offices when three gunshots pierced a window on the north side of the building.

Career as health policy consultant

Hernandez Santana identifies himself as a health lawyer and policy adviser on X. His LinkedIn account shows he worked for a little more than a year as a legislative director for the California Federation of Teachers, two years as a health policy analyst for the California Rural Indian Health Board and most recently for two years as a federal relations manager for the National Council of Urban Indian Health through October 2022. His LinkedIn accounts shows he then took a career break to focus on full-time parenting.

Hernandez Santana had a long list of anti-Trump administration posts on his social media account, including posts in the days before the shooting.

“Shut down the government,” Hernandez Santana wrote in a Sept. 11 X post. “Let’s not fund Trump’s takeover of America, his lawlessness, RFK, the secret police, and weaponization of DOJ and the FBI.”

Sacramento County District Attorney Thien Ho said his prosecutors will ask the court to hold Santana in custody without bail when he is scheduled to be formally arraigned Thursday afternoon in Sacramento Superior Court.

“We believe that the evidence shows a political motivation behind the shooting,” Ho told The Sacramento Bee in an interview Monday. “We believe he’s a threat to the media. We believe that he’s a threat to other people in terms of his actions and violence. Particularly political violence will not be tolerated in Sacramento County.”

The District Attorney’s Office has charged Hernandez Santana with firing a gun into an inhabited building, assault with a semi-automatic firearm. If convicted of these state charges, Hernandez Santana could face a maximum sentence of 17 years in prison.

“Here he was specifically targeting the media,” Ho said. “And this wasn’t a random attack. It was done purposefully and with premeditation.”

The complaint filed by the FBI alleges that investigators found in his car a handwritten note that read “For hiding Epstein & ignoring red flags. Do not support Patel, Bongino, & AG Pam Bondi. They’re next. – C.K. from above.”

The note was referencing the Jefferey Epstein child sex trafficking scandal, along with FBI Director Kash Patel, FBI Deputy Director Dan Bongino and U.S. Attorney General Pam Bondi.

Ho said prosecutors believe C.K. is reference to Charlie Kirk. The district attorney said his prosecutors circumstantial evidence that shows the ABC10 shooting was politically motivated, but his office will continue its investigation into Hernandez Santana, which includes social media posts and phone data.

“All those things that we look at to really paint the full picture,” Ho told The Bee.

Defendant will return to court

Hernandez Santana faces federal charges of willfully or maliciously interfering with a federally licensed broadcaster, possessing a firearm within a school zone and firing a gun within a school zone, according to the complaint filed in Sacramento federal court.

“It is remarkably uncommon for any individual to face simultaneous state and federal charges for the same alleged conduct,” Mark Reichel, Hernandez Santana’s attorney, said in a written statement Monday. “At this time, we have not had an opportunity to review the evidence in the case, so our ability to provide those answers is non-existent. Mr. Hernandez Santana is entitled to due process — he is innocent unless and until he is found otherwise.”

Hernandez Santana appeared for his arraignment in federal court Monday afternoon in downtown Sacramento. He is scheduled to return to federal court Thursday for a detention hearing to determine whether he should remain in custody until the completion of his criminal case.

An hour after the federal hearing, Hernandez Santana is scheduled to make his first appearance in Superior Court for his formal arraignment on state criminal charges.

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