Lawyer for suspect in Sacramento ABC TV station shooting surprised by FBI's involvement

The defense attorney for the man accused of shooting into the ABC10 television station in Sacramento says he was caught off guard by the FBI's involvement. 

Anibal Hernandez-Santana, 64, was arrested by Sacramento police on Friday night and posted bail Saturday, only to be arrested again four hours later by the FBI.

"He posted bail under California state law. He was at home, we were talking on the phone, preparing for those charges. He was free for about four hours, stepped outside and the FBI went up and grabbed him," said Mark Reichel, Hernandez-Santana's defense attorney.

Saturday night, the FBI arrested Hernandez-Santana on allegations that he violated a federal statute that "no person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized... by the United States government."

"I'm actually surprised to hear that. I'm not sure why the feds are getting involved. I'm not sure what their motivations are, but I am surprised," said Michael Wise, who has 30 years of experience as a criminal law attorney.

Wise said the punishments, if convicted for the federal charges, give less jail time than the state charges.

"The potential punishment in state is much more severe than in federal court," Wise said. "Based on my rough calculations, he could face 17 years in state prison, and based on the charges he's facing in federal court, I think it's only a year."

"They're minor federal charges, interfering with a communication station," Reichel said. "We anticipate they're going to release him [Monday] on terms that he not leave the area, forfeit his passport, stuff like that."

The shooting happened one day after a protest at the station following ABC's decision to suspend "Jimmy Kimmel Live!" in response to comments about Charlie Kirk's death. KXTV Channel 10 is an ABC affiliate station owned by Tegna.

Reichel said this case could take a long time. Hernandez-Santana is set to appear in federal court on Monday afternoon and state court on Tuesday.

Reichel said he was a legally registered gun owner.