A Sacramento man was arraigned Monday on multiple federal and state felony charges after allegedly firing gunshots into the ABC10 station. No injuries were reported in the drive-by shooting, which authorities believe was politically motivated.
Anibal Hernandez Santana, a 64-year-old lawyer and retired lobbyist, has been charged with possessing a firearm within a school zone, discharging a firearm within a school zone, and interfering with a radio communication station, according to a criminal complaint filed with the U.S. District Court for the Eastern District of California.
He faces up to five years in prison and a $250,000 fine for possessing and discharging a firearm within a school zone, and up to one year in prison and a $10,000 fine for interfering with a radio communication station.
Sacramento County District Attorney Thien Ho announced Monday morning he would be filing felony charges including discharging a firearm into an inhabited dwelling and assault with a semi-automatic firearm along with a personal use of a firearm. If convicted of all charges, Hernandez Santana faces a maximum sentence of 17 years in state prison.
The shooting came a day after a dozen protesters gathered outside the station to criticize ABC for its decision to suspend Jimmy Kimmel’s late night show.
Details of the investigation
Federal court documents allege Hernandez Santana fired a single bullet in the air while standing on a sidewalk adjacent to the rear parking lot of ABC10 KXTV station located on 2555 3rd Street on Friday. Two minutes later, he allegedly drove to the front of the building on Broadway where he proceeded to fire at least three more rounds into the window of the lobby where an employee was standing. No injuries were reported. Sacramento police responded to an emergency call at 1:34 p.m.
Video surveillance helped identify the man as “wearing a gray t-shirt, dark colored pants, gray and white shoes, and a dark colored satchel worn around his torso,” according to the complaint.
A witness provided officers with a spent casing fired from a 9mm semi-automatic handgun. A second witness provided officers with a vehicle description.
Sacramento police detectives identified a white Nissan Kicks SUV belonging to Hernandez Santana through video surveillance. He was arrested later that night at his residence in the River Park neighborhood.
Investigators entered his home with a search warrant and found a “dark colored” satchel identified in the video worn by the suspect. The satchel had a subcompact 9mm handgun with an empty magazine, the same caliber as the bullet casings found at the scene, and Hernandez Santana’s hands tested positive for gunshot residue, the complaint said.
Evidence and alleged motive
A magnetic whiteboard calendar was found on Hernandez Santana’s refrigerator with a handwritten note under ‘Friday,’ the day of the shooting. It stated, “Do the next scary thing,” according to the complaint.
After Hernandez Santana was released on $200,000 bail Saturday afternoon, investigators searched his vehicle and found a handwritten note indicating Trump administration officials were “next,” including FBI Director Kash Patel, FBI Deputy Director Dan Bongino, and Attorney General Pam Bondi. Investigators also found an "anti-Trump" book.
“For hiding Epstein & ignoring red flags. Do not support Patel, Bongino, & AG Pam Bondi. They’re next. – C.K. from above,” the note read. Sacramento District Attorney Thien Ho inferred the “C.K. from above” is a reference to Charlie Kirk, a conservative activist who was assassinated earlier this month. Hernandez Santana was brought into federal custody Saturday night.
Ho said he believes the evidence shows the shooting was politically motivated, calling it a “premeditated attack” based on political ideology towards the media.
“When someone brazenly fires into a news station full of people in the middle of the day, it is not only an attack on innocent employees but also an attack on the news media and our community’s sense of safety,” Ho said in a statement. “My office will prosecute this case to ensure full accountability and send a clear message: violence, intimidation and attacks on a free press have no place in our community or society at large.”
Defense responds
Political motivations were a question for the defense as well. Hernandez Santana’s attorney, Mark Reichel, slammed the FBI’s involvement in the investigation, stating he couldn't recall in his 34-year career a single case of interfering with a communications station, describing it as a misdemeanor.
Reichel said his client, a U.S. Army veteran, has no criminal history and is being targeted due to social media posts criticizing the Trump administration.
“Someone who's charged with a state crime, who has social media which is against the president's policies,” Reichel said. “They're not going to let that opportunity pass without them being able to grab that, hold that up as exhibit A to their argument that the radical left is extremist and violent. I have no doubt.”
In a statement released after the hearing, Reichel said it was "remarkably uncommon” for a defendant to simultaneously face state and federal charges for the same alleged conduct.
Reichel indicated he is still reviewing the evidence in the case, but said Hernandez Santana is entitled to due process and is innocent until proven otherwise.
A detention hearing is scheduled for Sept. 25, with another preliminary hearing set for Oct. 6 for the federal case. For the state case, a hearing scheduled for Tuesday, Sept. 23 was pushed back to Thursday, Sept. 25.
National and local reaction
California Governor Gavin Newsom’s press office posted to X on Friday confirming he had been briefed on the shooting and stated, “While no injuries have been reported, any act of violence toward journalists is an attack on our democracy itself and must be condemned in the strongest terms. We stand with reporters and staff who work every day to keep communities informed and safe!”
TEGNA, ABC10’s parent company, told NPR on Saturday the company is maintaining increased security.
"We're aware of the arrest connected to the shots fired into the KXTV building yesterday and continue to cooperate with the police," the spokesperson said. "Our priority is to ensure our employees' safety and well-being as they continue to carry out our mission to serve our community with critical local news and information."
FBI Director Kash Patel announced the suspect was in custody under a federal hold for interference with licensed broadcasts.
“Targeted acts of violence are unacceptable and will be pursued to the fullest extent of the law,” Patel said on X
The National Association of Black Journalists Sacramento chapter called the shooting "heartbreaking and unacceptable."
"As fellow journalists, the members of the Sacramento Chapter of the National Association of Black Journalists want to be clear: violence against members of the media is violence against our entire community," the organization said in a statement on social media. "Our hearts are with those impacted, and we call on the entire community to join us in lifting up, supporting, and protecting the journalists who serve you every single day."
Bill Essayli, acting U.S. Attorney for the Central District of California, took to X to lambast the decision to release Hernandez Santana on bail the first time.
“Welcome to California, where someone can commit attempted murder and be back on the streets the same day,” Essayli posted. “Federal law enforcement must be more active than ever in California to keep our communities safe.”
ABC and the FCC
The suspension of Jimmy Kimmel Live! caused a national outcry as political tensions continued to ramp up over free speech in the wake of Charlie Kirk’s death. Political figures from both sides of the aisle condemned what has been labeled as the Federal Communications Commission's attack on the media.
It came after Kimmel’s monologue on Sept. 15 when he alluded to Charlie Kirk’s assassin, 22-year-old Tyler Robinson of Utah, being politically affiliated with the MAGA movement.
“The MAGA Gang is desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points from it,” Kimmel said.
Utah Governor Spencer Cox publicly assessed Robinson as having “leftist ideology." Investigators are still determining an official motive behind the assasination.
FCC Chairman Brendan Carr spoke to Benny Johnson, a conservative podcaster, about affiliate stations possibly facing potential fines or license revocations should they continue carrying Jimmy Kimmel.
“We can do this the easy way or the hard way … These companies can find ways to change conduct to take action, frankly, on Kimmel, or there’s going to be additional work for the FCC ahead,” Carr said.
On his podcast "Verdict with Ted Cruz,” Texas Republican Senator Ted Cruz denounced the comments, calling them “dangerous as hell.” He admitted he was thrilled with Kimmel being off TV, but said Carr’s tactic was akin to the mafia movie, “Goodfellas”.
“I think it is unbelievably dangerous for government to put itself in the position of saying we’re going to decide what speech we like and what we don’t, and we’re going to threaten to take you off air if we don’t like what you’re saying,” Cruz said.
Nexstar Media Group, which owns over 200 TV stations, said it would preempt Jimmy Kimmel Live! for the ”foreseeable future.”
Andrew Alford, President of Nexstar’s broadcasting division, called Kimmel’s comments offensive and insensitive given the timing.
“Continuing to give Mr. Kimmel a broadcast platform in the communities we serve is simply not in the public interest at the current time,” Alford said in a statement. “We have made the difficult decision to preempt his show in an effort to let cooler heads prevail as we move toward the resumption of respectful, constructive dialogue.”
The suspension comes as Nexstar looks to complete a $6.2 billion merger to acquire TEGNA. The merger would need approval from the FCC, which caps ownership of TV stations around the country at 39%.
When it was announced Kimmel would return to broadcast TV on Tuesday, Sept 23, Nexstar said it would stand by its decision to not air the show to instead focus on local programming until all parties commit to “fostering an environment of respectful, constructive dialogue."
