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FBI agent acquitted in 2020 train shooting arrested in Maryland for alleged sexual assault against 2 women

An FBI agent who was acquitted of attempted murder after shooting a man on a train nearly four years ago was arrested in Maryland on Monday on charges stemming from allegations that he sexually assaulted two women.

Special Agent Eduardo Valdivia, 40, was arrested by the Montgomery County Department of Police, and the Special Victims Investigations Division is urging any additional victims to come forward. Police will hold a news conference on Tuesday to “encourage them to come forward,” the department said in a statement.

Valdivia has been suspended by the FBI pending the conclusion of the Montgomery County police investigation, a spokesperson for the FBI said in a statement.

“The FBI takes allegations of criminal violations and misconduct very seriously,” the statement said. “Because this is an ongoing investigation, the FBI cannot comment further.”

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Eduardo Valdivia, 40, faces felony and misdemeanor charges, including two counts of second-degree rape. (AP)

Valdivia was previously charged with attempted second-degree murder and other charges in connection with a 2020 off-duty shooting aboard a Metro Red Line train near Bethesda, Maryland, but was acquitted two years later.

He had allegedly engaged in a verbal exchange with a man who approached him asking for money. When Valdivia declined to give him any money, the man allegedly muttered expletives before turning away.

Then, Valdivia shot the man from a distance of roughly two to three feet after repeatedly telling the man to back up, county prosecutor Robert Hill said in court. The wounded man had part or all of his spleen, colon and pancreas removed during surgery following the shooting, Hill said.

The FBI agent was later charged with attempted second-degree murder, first-degree assault, firearm use in a violent crime and reckless endangerment.

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The Federal Bureau of Investigation's office in Miami, Florida

Valdivia has been suspended by the FBI pending the conclusion of the Montgomery County police investigation. (Richard Sheinwald/Bloomberg via Getty Images)

Valdivia turned himself in after he was indicted in 2021, but a jury found him not guilty of all charges last December.

Now, Valdivia faces new felony and misdemeanor charges, including two counts of second-degree rape, over alleged incidents in May and September of this year, according to court records.

Attorney Robert Bonsib, who represented Valdivia in the train shooting case, confirmed that the FBI agent was arrested Monday on sexual assault accusations.

“We don’t accept at first blush any of the allegations until all of the evidence is in,” Bonsib told The Associated Press.

FBI agents

Montgomery County police will hold a news conference on Tuesday to urge additional victims to come forward. (Getty Images)

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Bonsib said his client was ordered held in custody after his initial court appearance on Monday. Valdivia is slated to return to court Tuesday for a bond hearing before a judge, Bonsib said.

Valdivia joined the FBI in 2011 before he was promoted to supervisory special agent at the FBI headquarters in 2019, according to Bonsib. Valdivia had been working at the FBI since his acquittal.

The Associated Press contributed to this report.

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