Issue:  Vol. 48 / No. 7 / 15 February 2018

Diaz, jailed in assault, set to be released again

David Diaz in his 2016 booking photo. (Photo: SFPD)

David Diaz in his 2016 booking photo. (Photo: SFPD)

David Munoz Diaz, who was acquitted in 2014 of murdering another man during a sexual encounter in San Francisco’s Buena Vista Park, and then released from jail in September 2016 in an unrelated arson case, is set to be released from custody soon in his latest case, an alleged assault.

Diaz, 27, pleaded guilty Thursday (February 23) to felony false imprisonment and is expected to be sentenced March 16 to up to five years of probation. He’ll be released that day. His probation conditions will include a midnight curfew and up to a year of wearing an ankle monitor.

The case stems from a November 29 incident in which Diaz allegedly handcuffed and bit a chunk out of another man’s scalp while impersonating a police officer. Assault and other counts were dismissed Thursday. Diaz has been in custody since the November incident.

Outside the courtroom Thursday, Deputy Public Defender Rebecca Young said that Diaz’s alleged victim had actually been the first to strike during the incident, and Diaz had a “very, very strong self-defense” case.

In 2014, Diaz stood trial for the June 2011 death of Freddy Canul-Arguello, 23, in Buena Vista Park. In his testimony, Diaz testified that Canul-Arguello had asked to be choked during a sexual encounter and that he’d accidentally killed him.

Diaz said he’d set fire to a cup in a recycling bin to signal for help. The melted bin was found with Canul-Arguello’s heavily charred body.

Jurors acquitted Diaz of second-degree murder but convicted him of involuntary manslaughter, arson, mutilating human remains, and destroying evidence. He was released in September 2014 after spending more than three years in custody. Superior Court Judge Donald Sullivan dismissed the arson count.

The Bay Area Reporter will have more on this story in the Thursday, March 2 edition.

— Seth Hemmelgarn, February 23, 2017 @ 3:58 pm PST
Filed under: Uncategorized

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