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“Now, they also have to be assured that this individual is not a danger to the community.”
SACRAMENTO, Calif. — On Monday, the suspect accused of firing a gun into Sacramento’s ABC10 News station is expected to make his first appearance in federal court.
Sacramento police say 64-year-old Anibal Hernandez Santana allegedly shot into the station’s lobby on Friday while people were inside. No one was injured.
Police arrested Hernandez Santana later that day on suspicion of assault with a deadly weapon, shooting into an occupied building, and negligent discharge of a firearm. Police have not released a motive.
He posted bail Saturday but was arrested again hours later by the FBI.
“What we know so far is that this individual has been charged at the state level with a very serious crime of shooting into an occupied building, along with others. He was released on bail and then immediately picked up by the feds on a single charge. It’s a misdemeanor of intentional interference with radio signals,” said Candice Fields, who is a Federal Criminal Defense Attorney.
She says if Hernandez Santana is found guilty of that charge, he could face a maximum of one year in prison.
The attorney says that particular charge is a bit of a stretch since the law violated in this case usually pertains to situations like online hackers. But if the charge proceeds, then both cases will move forward.
“It is not inappropriate for the state to bring charges that are relevant to the state’s interests and to have the federal government also pursue charges that are relevant to federal interests. Parallel tracks are acceptable. It’s called dual sovereignty, and it happens. There’s known propriety,” said Fields.
Fields calls it a developing situation.
She says the appropriate result is that the right person gets charged with an appropriate crime and justice takes its course. But it’s still too early to tell what charges will stick.
“I think we’re all going to see the development of each of these cases on its own track. It may be that one or the other case develops into a larger case with additional charges. We’re just very early on,” said Fields.
Although this person is being accused of a serious crime, Fields says he was released on bond pursuant to California Law and that is not unusual.
However, the question of when and if he’ll be released again won’t be known until later this week.
“Now, they also have to be assured that this individual is not a danger to the community, and I think that will be addressed at both arraignments, both in federal court tomorrow (Monday) and in the state court proceeding on Tuesday,” said Fields.
Hernandez Santana is scheduled to make his first court appearance in federal court Monday at 2 p.m. On Tuesday, he’s set to appear in Sacramento County Superior Court for the local charges.
His attorney, Mark Reichel, says he will be trying to get his client released on bail again on Monday.
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