The train was moving at the time.
An FBI agent was charged with the attempted murder of a Rockville, Maryland man after he allegedly shot him in a moving subway in this bustling suburb of our nation’s capital last year.
Two shots were reportedly fired inside the busy red line train that day. Both found their mark and ruptured three internal organs of the passenger being shot at. He is expected to survive his injuries.
Agent Eduardo Valdivia, age 37, turned himself in before making his first court appearance in Montgomery County, Maryland Circuit Court this Tuesday June 1. There he was indicted for attempted second-degree murder, first-degree assault, using a firearm in the commission of a felony, and reckless endangerment.
Experts in law enforcement have described “Valdivia’s actions as an extreme overreaction to an unarmed stranger who confronted the agent but did not physically assault him.”
According to prosecutors, at about 6:40 AM EST on December 15, 2020, Valdivia was sitting with his back toward a corner of the train car while on his typical commute to work. A panhandler then showed up and sat across the aisle from Valdivia after exchanging a non-confrontational fist bump, a greeting much preferred to handshaking because of the COVID 19 Pandemic.
The panhandler asked Valdivia if he could have some money soon after. Valdivia said no, because he didn’t have any, and the panhandler allegedly moved to another part of the train.
As he left, he was muttering expletives under his breath when Valdivia called him out by standing up and saying, “Watch your mouth.” This prompted the panhandler to approach Valdivia again. A verbal confrontation ensued; Valdivia told the panhandler several times to ‘Back up!’, then drew his sidearm, showed it to the panhandler, and fired twice from a distance of about three feet.
Much of the events were caught on video albeit without sound. The prosecution said Valdivia helped the man get medical assistance and finally told him he was an FBI agent.
Valdivia was released on his own recognizance without an objection from prosecutors.
His defense attorney touted his client’s “community service for the past decade”, saying he was confronted on the day of the shooting by a man “who threatened his safety.” Defense attorneys intend to make light of the victim’s extensive criminal record (much of it from incidents on the metro system) to light if this does go to trial. The total there is 15 convictions, none of which are felonies or violent crimes.
It is unclear how all this would shake out at trial but watch this space for more as we hear it.