Spokane man charged with assaulting agent during immigration arrest; allegations don’t match video, wife says

A Spokane man detained by U.S. Border Patrol agents on April 29 has now been charged with assault after an arresting agent accused the man of striking him in the face with an elbow during a takedown that was captured on video.

Martin R. Diaz, 35, faces a charge of assaulting a federal officer, based on allegations from an agent involved in his arrest on North Glass avenue. Diaz made an initial court appearance on Tuesday and is scheduled to appear Thursday in front of a U.S. Magistrate Judge in Spokane.

However, several of the actions described in court documents do not seem to appear on videos of the incident. Diaz’s wife, Kendall Diaz, said she tried to match the allegations outlined in the court charges, to the video from April 29.

“I might be biased, but I went full investigative mode and watched the clips in super-slow motion,” said Kendall Diaz, 31. “I don’t see anything wrong. Our lawyer is confident, but it’s scary. I’m nervous for him.”

It’s the latest complication for a man who was brought to the United States as a toddler by his parents who, according to Diaz’s wife, were escaping threats of gang violence in Mexico.

In 2008, Diaz pleaded guilty to felony third-degree assault after he earlier had been accused of rape by a woman who claimed they had sex without her consent. It’s then he was given a removal order that, according to Diaz’s wife, he has been trying to undo for the past 17 years.

The case was further complicated when Diaz, also known in court records as Martin R. Diaz-Amezcua, was charged in 2017 with felony domestic violence following a confrontation with his ex-wife’s father.

However, Diaz, who with his wife Kendall owns a construction company in Spokane called Upper Left Renovation, has continued efforts to obtain legal status based on his 2018 marriage to a U.S. citizen.

Kendall Diaz said the couple received a letter on April 22 from immigration officials asking them to apply for a visa for Martin, which was exactly a week before federal agents arrived at their home and violently apprehended Diaz.

In court records, FBI agent James Cain wrote that U.S. Border Patrol agent Walter Sketch said that he activated emergency lights on April 29 as his unmarked vehicle approached Diaz’s home.

However, a video of the arrest captured by Martin Diaz’s own Ring Security Camera system does not show any emergency lights in Sketch’s vehicle or on two other vehicles that approach Martin Diaz’s north Spokane home.

“Agent Sketch exited his vehicle, while wearing his agency issued tactical vest, with agency placards visible, and identified himself as a Border Patrol Agent, and ordered Diaz to stop,” court records state.

However, on the video, the audio clearly picks up a dog barking in the background but doesn’t appear to capture anything spoken by Sketch until he catches up to Martin Diaz as he’s trying to open his backyard fence’s gate.

“I caught you, (expletive),” it appears that Sketch yells as he grabs Martin Diaz.

Martin Diaz, in a shaky voice as Sketch’s arm is wrapped around his waist, says something about his house. A moment later, Diaz says, “Get out of my house. Get the (expletive) out of my house.”

But according to the complaint filed in federal court, Sketch said that he continued “to identify himself as a Border Patrol Agent, and told Diaz he was under arrest,” the court record states.

At that point, according to the report, “Diaz swung backwards with one of his elbows, striking Agent Sketch in the eye. In a subsequent interview, Agent Sketch stated that the blow from Martin Diaz’s elbow dazed him, that he saw stars and his vision was blurred

During the scrum, several voices can be heard, and it appears someone clearly says “arrest,” but nowhere in two camera angles does it show Martin Diaz either swinging his arm or striking any of the agents in their faces. Instead he is tackled to ground by agents.

Martin Diaz’s first appearance on Tuesday was the first time Kendall Diaz was able to see her husband since he was arrested. He had been detained at the Kootenai County Jail.

“He wasn’t allowed to acknowledge me, but just knowing that he’s alive and just seeing him was something,” Kendall Diaz said. “His mom reached out to me. She’s scared. It’s a lot to add onto the frustrating emotional rollercoaster.”

In an interview last week, she said the couple has spent years and about $100,000 trying to get Martin Diaz’s earlier removal order changed so that he could obtain legal status.

“In terms of our case moving forward, that is going to take more time,” Kendall Diaz said. “With this new charge, he’s even more at risk than before. We will not be able to move forward with any immigration case with this charge pending.”