FBI agent alleges Spokane immigrant elbowed him in the face during arrest

SPOKANE, Wash. — A man arrested by Border Patrol agents is accused of assaulting a federal agent during a now viral arrest in Spokane.

Martin Diaz made his initial appearance in court Tuesday afternoon wearing a yellow, Spokane County Jail-issued jumpsuit.

According to an affidavit filed in Federal Court, an FBI agent claims Martin Diaz elbowed a Border Patrol Agent in the face during the incident.

Security footage of the incident widely circulated on social media prompting outcry from the local community.

The affidavit says the agent saw Diaz driving to his home April 29 and the agent followed in an unmarked vehicle. The agent reported Diaz was under investigation for being in the United States illegally.

An original deportation order for Diaz was issued in January of 2014, according to the prosecuting attorney.

Martin Diaz has been in the United States since before he was 2-years old, according to his wife. She said they currently have a motion with the Board of Immigration Appeals to have them review his case and have the order removed.

Video of the arrest last week shows border patrol agents tackle and detain Martin in his Spokane front lawn.

Court documents allege that during the arrest Diaz elbowed the agent in the eye, dazing him and blurring his vision. The affidavit also says the agent was treated for his injuries at an area hospital. According to the affidavit, the agent had bruising and swelling on his right eye the following day and the agent’s vision was still blurry.

Diaz has two prior criminal convictions. In 2008, he was convicted of assault and in 2018, he was convicted of criminal mischief.

Diaz is now accused of assaulting a federal officer which could come with a penalty of up to 20 years in prison and a $250,000 fine.

“I’m really scared. I mean this is a lot so I think there’s just a lot of feelings, a lot of unknowns,” said Kendall Diaz, Martin Diaz’s wife. “I’m really scared for my husband and our families.”

During Diaz’s court appearance, the federal judge denied the accusations listed in the criminal complaint on his behalf.

The judge ordered Diaz to be detained until trial.

Diaz is scheduled for a preliminary and status hearing on May 8.