FBI agent accused of multiple rapes was found not guilty of attempted murder 2 years ago

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An FBI agent was arrested and charged with multiple counts of sexual assault two years after he was acquitted of attempted murder.

Eduardo Valdivia, 40, of Gaithersburg, Maryland, is charged with two counts of second-degree rape, four counts of fourth-degree sexual offense and four counts of second-degree assault, according to a Tuesday statement from the Montgomery County Police Department.  

Two women allege they were raped inside a tattoo studio, and police say Valdivia may be have additional victims.

Police say the two women were raped inside DC Fine Line Tattoos, a studio on Washingtonian Boulevard in Gaithersburg, operated by Valivida under an alias.

Eduardo Valdivia.FBI

The first woman said she was raped in October by a man named “Lalo Brown.” A second woman came forward this month with a similar report of sexual assault, police said.

During a news conference on Tuesday, police say Valdivia was luring victims online through an Instagram page devoted to a tattoo business operated by him under the alias Lalo Brown.

The first woman was offered a free tattoo in exchange for modeling art work, police said. When she returned to the studio a second time for a photo shoot and a modeling contract, that’s when Valdivia sexually assaulted her, police said.  

After the first assault, police say the woman was coerced and threatened with legal action if she did not return to comply with the contract. The woman returned for a second shoot at a nearby hotel and was again sexually assaulted by Valdivia, police said.

Valdivia met the second alleged victim through the same Instagram account, and police said there are other women on the tattoo shop’s social media page who could be additional victims.

Montgomery County Police Department Assistant Chief Nicholas Augustine said investigators are concerned some women may not come forward because they signed contracts.

“We want the community to know that no matter if you sign a contract, that does not allow for you to be sexually assaulted,” he said during the media briefing.

Valdivia’s alleged victims said they believed they had been communicating with a woman before they met him. Both women positively identified Valdivia as their assailant, police said.

Valdivia was being held at the Montgomery County Detention Center on Tuesday afternoon without bond, a jail representative said. His attorney was not immediately reached for comment.

The FBI Washington Field Office s noaid in a statement the agency is cooperating with Montgomery police in their investigation of Valdivia. He is suspended pending the police investigation, the FBI said.

“The FBI takes allegations of criminal violations and misconduct very seriously,” the statement said. “We are aware of the matter involving the recent arrest of an FBI employee and are fully cooperating with the Montgomery County Police Department. Because this is an ongoing investigation, the FBI cannot comment further.”

In late 2022, a Montgomery jury found Valdivia not guilty on multiple charges including attempted second-degree murder, first-degree assault and reckless endangerment in the shooting of a man on a Metro train in Bethesda, Maryland, on Dec. 15, 2020, NBC Washington reported.

Valdivia was off duty at the time of the shooting and claimed self-defense.

Valdivia shot the man from 2 to 3 feet away, prosecutors said, and did not identify himself as an agent until after the shooting. The man had part or all of his spleen, colon and pancreas removed during surgery after the shooting, the news outlet reported.

Prosecutors relied on video of the interaction between Valdivia and the man.

In video of the shooting used by prosecutors in the trial, the interaction between the two men starts with a fist bump. But when the man asked Valdivia for money on the train, the agent said no and the man muttered expletives while walking away, prosecutors said, according to NBC Washington.

Valdivia told the man, “Watch your mouth,” and the man turned around and approached Valdivia, who told him to back up multiple times prior to the shooting.

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