By Steve Neavling
An FBI agent previously acquitted of attempted murder in a train shooting was arrested Monday in Maryland, accused of sexually assaulting two women, according to police and court records.
Eduardo Valdivia, who has been suspended from the FBI pending the outcome of the investigation in Montgomery County, Maryland, now faces charges including two counts of second-degree rape, according to online court records, ABC News reports.
The alleged offenses occurred in May and September 2024.
“The FBI takes allegations of criminal violations and misconduct very seriously,” a bureau spokesperson said in a statement. “Because this is an ongoing investigation, the FBI cannot comment further.”
Valdivia’s defense attorney, Robert Bonsib, who also represented him in the train shooting case, confirmed the arrest.
“We don’t accept at first blush any of the allegations until all of the evidence is in,” Bonsib said.
Montgomery County police identified Valdivia as the arrested FBI agent but did not comment on his connection to the earlier shooting. Detectives suspect there may be additional victims and announced plans for a Tuesday news conference “to encourage them to come forward.”
Police have not disclosed further details about the charges. Valdivia, 40, of Gaithersburg, Md., was ordered held in custody after his initial court appearance Monday. A bond hearing is scheduled for Tuesday, according to Bonsib.
Valdivia joined the FBI in 2011 and was promoted to supervisory special agent at FBI headquarters in 2019. After his acquittal in the train shooting, he returned to work as an agent, Bonsib said.
The shooting incident occurred on Dec. 15, 2020, when Valdivia, off duty at the time, became involved in a confrontation with an unarmed passenger aboard a Metro train near Washington, D.C. The altercation escalated as the train approached the Medical Center station in Bethesda, Md.
County prosecutor Robert Hill said in court that Valdivia shot the man at close range — about 2 to 3 feet — after repeatedly warning him to back up. The passenger suffered severe injuries, requiring the removal of part or all of his spleen, colon, and pancreas.
Valdivia claimed self-defense, arguing that he feared for his safety as the man advanced toward him.
“The law does not require that you wait to be struck before you take action. Had this resulted in a hands-on fight and a struggle for Agent Valdivia’s gun, only God knows what could have happened,” Bonsib said following Valdivia’s initial charges.
Valdivia was acquitted in 2022 of attempted second-degree murder and other related charges. He had been working as an FBI agent since that time, according to Bonsib.
The latest allegations bring renewed scrutiny to Valdivia, with police urging any potential victims to come forward as they continue their investigation.
