Eduardo Valdivia, 37, is accused of attacking a passenger on the Metro Red Line train after a “verbal exchange.”
The passenger suffered several non-fatal gunshot wounds in the December 2020 incident and was taken to hospital for treatment.
Mr Valdivia was also charged with first-degree assault, reckless endangerment, and use of a firearm in the commission of a felony, according to unsealed records from Montgomery County Circuit Court.
The incident happened after a maskless passenger “started hounding” Mr Valdivia as the train approached a station in Bethesda, Maryland, according to The Washington Post.
In a 911 call obtained by the newspaper, a caller told dispatchers that the FBI agent had warned the passenger to back away from him, but the man indicated that he wanted a fight.
“The FBI agent said: ‘Move away. I’m an FBI agent. Back away,’” the caller said.
“The other gentleman didn’t (drop) his bag, approached him to fight him.”
The caller then said that the agent fired “two or three” rounds at the passenger as the train pulled into a station.
Mr Valdivia then helped the wounded man off the train and onto the station platform where authorities transported him to hospital.
Authorities have said there is no indication that the man was armed and that he did not physically assault the agent.
Mr Valdivia’s lawyer, Robert Bonsib, told the newspaper that in Maryland an individual does not have to wait to be attacked to defend themselves.
“The law of self-defence permits one to act in anticipation of aggressive force to avoid being seriously injured or killed. That’s the reason Eddie Valdivia acted the way he did,” said Mr Bonsib.
“He was backed up in a corner by a man who was giving every indication he was going to attack. He was seated with his back against the wall with no way to retreat.”
Jail records show that Mr Valdivia was booked into Montgomery County Detention Center on Tuesday morning and is expected to appear in court later in the day.
The Independent has reached out to Mr Valdivia’s legal team.
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