Judge orders Spokane man fighting deportation to remain in jail following assault charge

A Washington immigrant who has drawn the attention of Spokane protesters was again deemed a “danger” by a federal judge on Monday for his struggle with federal officers back in April.

Martin R. Diaz’s defense attorney argued there is a lack of evidence to support keeping his client in jail.

The hearing drew a crowd of protesters outside of the federal courthouse, calling for his release, as well as the protection of other immigrants in Washington facing deportation as part of President Donald Trump’s crackdown on immigration.

Diaz, 35, who came to the U.S. with his family as a toddler, is federally charged with assault on a law enforcement officer following a struggle captured on Ring home security video April 19. In the video, Diaz is seen running toward his backyard gate as an immigration officer runs after him. The two struggle with one another until more agents tackle Diaz to the ground in his front yard.

The agents were surveilling Diaz after multiple failed attempts to appeal his deportations on the grounds he could face torture if he is sent back to his home country of Mexico. His arrest is the latest chapter of a decadeslong attempt by Diaz to become a U.S. citizen after his family brought him here from Mexico when he was not quite 2 years old. His wife, Kendall Diaz, says it’s been almost unattainable for him to gain legal status because of the time, cost and complexity of the immigration system.

According to court records, U.S. Border Patrol Agent Walter Sketch said he activated emergency lights as his car approached Diaz’s house, though none are seen in the video. When he runs toward Diaz, Sketch claims Diaz swung backwards with his elbow and struck him in the eye. The video does not appear to show Diaz swinging his arms or striking anyone in the face, although it’s hard to conclude from the angle of the video. The judge during Monday’s hearing noted another agent on scene “observed Diaz throwing elbows” until he was sprayed with a chemical agent.

Diaz’s federal defense attorney Carter Powers Beggs said Diaz should be released because there is not enough evidence to prove he is a danger to society. Beggs said Sketch is the only person who can corroborate the alleged assault, and that the other agents at the scene never witnessed Diaz hit Sketch firsthand. Court records also say Sketch received bruising and swelling around one of his eyes.

“There was a lot going on and a lot of opportunity for someone to get hit,” Beggs said, adding that the evidence of assault is “murky” because of the large scrum at best. None of Diaz’s actions during the struggle was “malicious” in nature, Beggs said, which is why Diaz shouldn’t be classified as a “danger.”

He argued that direct evidence of assault usually is strengthened during the discovery process, not eroded – and that because Diaz is still fighting to stay in the U.S., he would show up to all court hearings, not flee. But U.S. District Judge James E. Goeke disagreed on the basis that Diaz was already captured on video running from authorities. He also acknowledged Diaz’s two prior felony assault charges from the early 2000s, one from a woman who accused him of rape and the other from a fight with his father-in-law.

Assistant U.S. Attorney Michael Ellis said Diaz had run from immigration before and that “his history involves violence.”

“He had contact with the same agent from 2018 and Diaz said, ‘I told you I’d never stop fighting,’ ” Ellis said.

Family and friends wrote to the court that Diaz has spent his time in Spokane hiring people out of recovery programs to help him in his construction company. He plays with their children, helps out when needed and is a loyal friend, the letters say. One person wrote that she will “not go without acknowledging the mistakes he has made,” but has grown and taken responsibility so he can become a U.S. citizen, the letter said.

Goeke ultimately ruled against releasing Diaz. He likely will be held in jail until his federal trial in the fall.

“I think there is a danger,” Goeke said. “Reopening an immigration case does not give him the right to fight with an immigration officer. … I understand he wants to stay in the U.S. … But physical force is not a right afforded under the Constitution.”

Goeke also noted that if he were to be released, immigration agents likely would pick Diaz up so he could face his ongoing immigration proceedings.

During the hearing, protesters continued to chant outside, “Free Martin Diaz now.” The protest, which garnered about 50 people, was organized by the Party for Socialism and Liberation in Spokane. The group advocates for abolishing capitalism and implementing socialism to build a stronger working class, among other goals, according to their website.

The organization’s media liaison Ari Dean said Monday the group was protesting because of the mass immigration raids happening across the country and trickling into Spokane. Agents shouldn’t be able to take Spokane’s neighbors without protest, Dean said.

Kendall Diaz, who spoke to reporters after the hearing outside the courthouse, said she was overwhelmed by the protesters’ support for her husband.

“Just knowing that this many people who don’t know him are here to support us and say like, ‘We stand with you,’ that’s a really big deal to my family and I,” Kendall Diaz said. “That means a lot. It’s also a lot to know that he doesn’t get to come out and see this. I really want him to experience the support that we have in our community.”

She said she felt “very defeated” after Monday’s decision, but not hopeless.

“We’re gonna keep doing exactly what we were gonna do before and continue to fight this,” Kendall Diaz said. “But, it definitely hurts going through this experience today.”

She said she hoped her husband would be able to return home Monday and fight the federal charge as a free man, but “then it gets shut down,” she said.

She added the way the government portrays her husband versus the man she knows is completely different – and the more she hears it, the more she keeps living a nightmare.

“It’s really hard to hear,” Kendall Diaz said. “I mean, it’s heartbreaking. I miss my husband so much. This has been such a devastating experience for our family.”

Kendall Diaz said her husband is the type of person who will stop on the side of the road for a stranger with a disabled car. He’s the person to “lift you up” when he has gone through so much in his life, she added. Her goal now is to prove his innocence at trial.

She said she still is worried about his immigration status, but that is “sitting in the background” of his criminal case.

“We are facing the criminal charges up front, but immigration isn’t going anywhere,” Kendall Diaz said. “We have everything in place that we need to, so everything’s been filed that needs to be filed, but it’s just time, and I don’t know if we have time.”