Eduardo Valdivia was indicted with second-degree attempted murder, first-degree assault, use of a firearm and reckless endangerment charges, Montgomery County Circuit Court records show. He is expected in court Tuesday afternoon for a bench warrant hearing.
Valdivia’s attorney Robert Bonsib told CNN over the phone Tuesday that the charges in the indictment are “very unfortunate and ill founded.”
Valdivia, 37 of Gaithersburg, Maryland, allegedly got into a verbal exchange with an unidentified man while on a Red Line train after 6 a.m. on December 15 when shots were fired.
Another passenger called 911 as well as the manager of the station, Metro Transit Police said.
After the Metro Transit Police completed their investigation on December 21, they turned over all their evidence to the Montgomery County State’s Attorney for review. A grand jury indicted Valdivia on Thursday and a warrant was issued on Friday, according to online records.
“Mr. Valdivia is an FBI agent who has served his community in dangerous and sensitive assignments for the last 10 years. We do not believe there is evidence to support these charges. And we believe that once we get an opportunity to have a fair evaluation in front of a jury, he will be acquitted,” Bonsib said.
The FBI said in a statement Tuesday that the bureau is “aware of the recent charges brought by the Montgomery County, Maryland State’s Attorney’s Office involving an FBI Special Agent, and we are fully cooperating with the State’s Attorney’s Office on this matter. As is customary following a shooting incident, this matter will be subject to internal review.”
If convicted, Valdivia faces up to 30 years in prison for the top charge.