By Steve Neavling
An FBI agent was charged with attempted murder and other counts after he shot another passenger aboard a moving Metro subway train near Washington D.C. last year, according to court records unsealed Tuesday.
Eduardo Valdivia, 37, was off duty on Dec. 15 when he shot the unarmed passenger during a confrontation.
He also was charged with first-degree assault, use of a firearm and reckless endangerment, ABC News reports.
Valdivia was released on personal bond.
Valdivia’s attorney Robert Bonsib said his client acted in self-defense.
“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 the hearing, Montgomery County State’s Attorney John McCarthy declined to elaborate on the charges.
“We would not have brought the charge if we thought that it was protected by law,” McCarthy told reporters. “To explain all of the reasons why we came to this conclusion would be effectively for me to give you a closing argument as to a five-month investigation. This is not the appropriate time.”
