Diaz Pleads Not Guilty to Disfiguring Man

David Munoz Diaz, the gay San Francisco man previously jailed after killing a sex partner and allegedly starting fires in the Castro, has pleaded not guilty to charges that he disfigured a man while impersonating a peace officer.

In the November incident, Diaz, 27, deprived the victim "of a member of his body and did disable, disfigure, and render it useless and did cut and disable the tongue, and put out an eye and slit the nose, ear, and lip" of the victim, according to charging documents.

Court records say Diaz was arraigned Monday, January 23 on felony counts of mayhem, assault with force likely to cause great bodily injury, battery with serious bodily injury, unlawful use of a badge, and false imprisonment.

The badge-related count says he used "a badge of a peace officer with the intent of fraudulently impersonating a peace officer."

In response to an emailed question about the new case, especially the charge that describes the victim's alleged disfigurement, Deputy Public Defender Rebecca Young said, "None of that happened and the case is overcharged."

Diaz has been in custody since November 29. Asked about why it took almost two months to charge him, Max Szabo, a spokesman for the district attorney's office, said in an email that "It took some time for investigators to locate the victim. Diaz remains in custody for violating the terms of his post-release community supervision and does not have a right to bail." (Court records say his bail has been set at $100,000, but the sheriff's department website says he's being held without bail.)

According to a police summary, the incident occurred at 4:55 a.m. November 29 at Folsom and Harriet streets when Diaz allegedly walked up to the 45-year-old victim, who was in his car, "shined a flashlight on him," and "told him to get out of the car."

Officer Giselle Talkoff, a police spokeswoman, said in an interview shortly after Diaz's arrest that the victim had apparently been "trying to drive his car" when Diaz kicked it and made him stop. "The victim got out, and a confrontation ensued," she said.

After the victim hit Diaz with a metal stick or bracket, Diaz "took him to the ground, handcuffed him, and then bit him," Talkoff said.

"The victim sustained a bite wound to the head, in which a piece of scalp was removed," she said. Diaz and the victim were both taken to a hospital with non-life threatening injuries.

Diaz "stated that he thought the car was going to hit him," Talkoff said, while "The victim stated that the suspect identified himself as a police officer."

Talkoff said police records don't say how long the victim was handcuffed, but "officers got to the scene fairly quickly." The victim acknowledged striking Diaz with the metal object, which was found at the scene. A judge has said the scalp piece was found nearby. Talkoff said a flashlight was also located at the scene, but not a badge.

Diaz had been wearing civilian clothing, rather than a police uniform, "but he did have a pair of handcuffs on him," Talkoff said. She said the police report didn't say whether Diaz had been using drugs.

She didn't know whether police had obtained video footage of the incident, which occurred near the nightlife event venue 1015 Folsom.

Diaz has declined the Bay Area Reporter's interview request.

Homicide, Arson Cases

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. San Francisco Superior Court Judge Donald Sullivan dismissed the arson count.

In 2015, Diaz was arrested again for allegedly starting fires in the Castro district. He was accused of setting a fire at the Up Hair salon, which is located above the Mix, as well as burning Mix owner Larry Metzger's car. Metzger was Diaz's boyfriend at the time.

Diaz originally pleaded not guilty to felony counts of arson of an inhabited structure, arson of property, and possession of an incendiary device, but as part of a deal with prosecutors, he pleaded guilty in August to the incendiary device charge and a count of second-degree burglary. He was released in September after spending more than eight months in custody.

Just before Diaz's release, retired Superior Court Judge Philip Moscone sentenced him to a year of mandatory supervision. He was required to register as an arsonist for life, wear an ankle monitor for at least the first six months of his supervision, and receive counseling. He was also ordered to stay 150 yards away from 4082 through 4086 18th Street, the building where the Mix bar and the apartment where he'd lived with Metzger are located.

During a December court appearance in the new case, Assistant District Attorney Andrew Clark said that the adult probation department had already recommended about a week before the alleged assault that Diaz be remanded. Clark didn't provide details of what Diaz's violation was. Superior Court Judge Garrett L. Wong granted the prosecutor's motion to administratively revoke Diaz's mandatory supervision status.

Metzger and Diaz are still friends, and Metzger previously told the B.A.R. that they went to see a movie just hours before the alleged November assault. In an interview soon after Diaz's most recent arrest, Metzger said, "He wasn't allowed to come around here. He stayed away. He never violated his restraining order."

Diaz had been doing "all the things he was supposed to be doing," Metzger said. "I don't know how this happened."

He declined to say where Diaz had been living or working.

Superior Court Judge Christopher Hite has ordered Diaz to next appear in court February 1 for a prehearing conference and status update. A preliminary hearing, where a judge will determine whether there's enough evidence to hold Diaz for trial, is set for February 3.