Attorney questions motive of federal prosecution in ABC10 Sacramento shooting

Rosalio Ahumada, The Sacramento Bee on Oct 6, 2025

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A defense attorney on Monday called into question the motivation behind the federal prosecution of a man already facing state charges for a shooting at the ABC10 TV station in Sacramento.

Anibal “Al” Hernandez Santana, who is accused of firing a gun last month at the ABC10 TV station on Broadway, returned to federal court on Monday afternoon for his arraignment after a grand jury indicted him last week on charges stemming from the shooting.

Mark Reichel, Hernandez Santana’s attorney, asked why the U.S. Department of Justice, which is headed by Attorney General Pam Bondi, has decided to prosecute his client after local police had already arrested him in connection with the TV station shooting.

“There’s a very competent District Attorney’s Office here in Sacramento that has never had a problem with bringing a case against someone who shoots at an occupied building,” Reichel told reporters after Monday’s arraignment. “Yet this one made it to federal court during the Trump Administration headed by Attorney General Pam Bondi.”

The Sacramento Police Department initially arrested Hernandez Santana, before he was released from the jail hours later after posting a $200,000 bail bond. The FBI arrested Hernandez Santana later that day after investigators served a search warrant at his home.

Hernandez Santana, a retired lobbyist, remains in custody at the Sacramento County Main Jail.

A criminal complaint initially filed by the FBI alleged that investigators found in Hernandez Santana’s 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, President Donald Trump’s attorney general and the shooting death of conservative political activist Charlie Kirk at a Sept. 10 event at Utah Valley University.

Not guilty plea

During the brief arraignment hearing Monday, Reichel entered a not guilty plea on behalf of his client. U.S. Magistrate Judge Sean C. Riordan scheduled Hernandez Santana to return Nov. 17 for a status conference hearing in his federal criminal case.

“So we have to question are there improper motives in bringing this case to federal court,” Reichel told reporters. “Federal resources are to be reserved in criminal cases for only necessary federal cases that would justify the use of federal resources. It’s supposed to be in limited cases, and we let the states prosecute the criminal cases.”

The federal grand jury indicted Hernandez Santana, 64, of Sacramento on charges of firing a 9mm handgun within a school zone, possessing a firearm within a school zone and willfully or maliciously interfering with or causing interference to any radio communications of any station, according to the indictment filed Thursday in Sacramento federal court.

If convicted of the federal charges, he faces a maximum sentence of five years in prison.

Assistant U.S. Attorney Elliot Wong has said in court that Hernandez Santana stood in a nearby school zone and fired a gunshot into the air shortly before driving around the block to fire three gunshots into the lobby of the ABC10 building. The TV station is near Leataata Floyd Elementary School and Health Professions High School.

The charges in the indictment are the same charges listed in a federal criminal complaint filed Sept. 22. The grand jury indictment supersedes the criminal complaint and allows the criminal case to skip the preliminary hearing phase and move toward a trial. The judge vacated the previously scheduled preliminary hearing for Hernandez Santana.

Superior Court arraignment postponed

The shooting occurred shortly after 1:30 p.m. Sept. 19 at the ABC10 TV studios in the 400 block of Broadway in Sacramento’s Upper Land Park neighborhood. It came 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.

The ABC network, which is owned by Disney, was criticized for its decision to halt production of Kimmel’s late-night show. The show returned to the airwaves several days later.

Hernandez Santana also faces state charges in connection with the TV station shooting.

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

His arraignment in Sacramento Superior Court has been postponed twice, since the defendant remains under a federal hold. Court Commissioner Benjamin Cassady told attorneys it will be up to them to do what needs to be done to get Hernandez Santana in court for his arraignment on Oct. 16.

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