By Steve Neavling
An FBI agent who was charged with second-degree murder and other counts after he shot another passenger aboard a moving Metro subway train near Washington D.C. in December 2020 was found not guilty Friday.
Eduardo Valdivia, who was off-duty at the time of the shooting, was acquitted by a jury that found he was justified when he shot the panhandler who had confronted him aboard the train, The Washington Post reports.
During the four-day trial, prosecutors argued that Valdivia overreacted when he shot the panhandler.
At 6:30 a.m. on Dec. 15, 2020, Valdivia was seated on a train, with his back against the train car, when the panhandler approached him, leading to a verbal argument that was not picked up by a recording that was played during the four-day trial.
According to a detective who interviewed the panhandler, the man told Valdivia, “I’ll throw you through the wall.”
Valdivia’s attorney, Robert Bonsib, told jurors that the man’s threats and aggressive posture represented a grave threat to the agent.
“Maryland law permits anybody — any ordinary guy on his way to work — to defend himself against the threat of imminent bodily harm,” Bonsib had told jurors.
Valdivia shot the man in the torso and arm. He died after spending five days in the hospital.
