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“The judge is going to have more information to consider regarding the danger to the community factor that the judge will have to consider.”
SACRAMENTO, Calif. — Update:
ABC10 went to the Sacramento County Jail on Wednesday to request an interview with Anibal Hernandez Santana. He declined and asked that we contact his attorney instead.
ABC10 reached out to his attorney, Mark Reichel, who told us, “I’ll ask him tonight.” This is ABC10’s second request for an interview with Hernandez Santana, who is scheduled to appear in court Thursday.
State court documents are calling for no bail in the case of Anibal Hernandez Santana, who is accused of opening fire outside the ABC10 News station in Sacramento last week.
Hernandez Santana remains in custody at Sacramento County Jail after being charged with three federal counts, including possession and discharge of a firearm within a school zone. According to court filings, he fired three rounds in front of the ABC10 building off Broadway. Investigators say he fired a single round while standing on the public sidewalk in front of 2555 3rd street just minutes earlier, from a public sidewalk several hundred feet from two nearby schools.
Federal criminal defense attorney Candice Fields said the judge will have to weigh the allegations carefully.
“It means that at any bail hearing, the judge is going to have more information to consider regarding the danger to the community factor that the judge will have to consider when they decide whether or not to release this person,” Fields said.
Fields noted that prosecutors could argue Hernandez Santana may still have access to additional firearms beyond the one recovered during his arrest. That, she said, could raise the level of concern for the court.
Judges typically also look at ties to the community, employment and criminal history when deciding on release. Fields said most of those factors could favor Hernandez Santana, who has no prior record and family ties in the area. But she added that a note reportedly found in his car, pointing to possible additional targets, may weigh heavily against him.
State court filings are also asking that Hernandez Santana remain held without bail, saying he is a “clear and present danger to the public.”
Fields said the defense could push for conditions such as GPS monitoring and surrendering his passport to allow his release.
In a statement to ABC10, Hernandez Santana’s legal team emphasized the presumption of innocence: “Defendants accused of wrongdoing are presumed innocent at all stages in the legal process before trial. 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.”
WATCH MORE ON ABC10 | Prosecutors argue ABC10 shooting suspect too dangerous for bail in Sacramento
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