Diaz, Accused in Assault, Back in Jail

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 was released from jail in September in an unrelated arson case, is back in custody after he allegedly assaulted another man.

Diaz, 27, was booked into custody Tuesday, November 29 on suspicion of assault with force likely to commit great bodily injury, unlawful use of a badge, false imprisonment, mayhem, and battery with serious bodily injury, according to sheriff's department records.

He allegedly bit the victim's head, "taking a chunk of scalp," Superior Court Judge Garrett L. Wong said at Diaz's court appearance Friday, December 2. The piece of the victim's scalp was found at the scene, Wong said.

At his hearing, Diaz looked like he'd been battered, too. His face was swollen, there appeared to be a small section of hair missing from the left side of his head, and his left hand was bandaged.

Wong denied Deputy Public Defender Michelle Tong's motion to have Diaz released on his own recognizance, saying he's "a threat to public safety, a serious threat."

The latest incident reportedly occurred at 4:55 a.m. Tuesday, November 29 at Folsom and Harriet streets when Diaz allegedly walked up to the victim, who was in his car, "shined a flashlight on him," and "told him to get out of the car," according to a police summary. The victim, who's 45, got out of the car, and he and Diaz allegedly fought.

"Both parties suffered injuries," police said. The victim's injuries were listed as non-life threatening.

According to the Hoodline news site, Diaz was the suspect arrested in the incident, which occurred next to the 1015 Folsom nightlife venue.

Larry Metzger, 58, Diaz's former boyfriend, told the Bay Area Reporter November 29, the day Diaz was arrested, that they'd gone to see Fantastic Beasts and Where to Find Them the previous night.

"I think he was fine," Metzger, who owns the Castro bar the Mix, said. "... He was happy with working. He seemed to like the classes he was taking. I didn't notice any depression or anything like that."

The next time he saw Diaz was in the emergency room at Zuckerberg San Francisco General Hospital.

Diaz told him that he'd been "hit with a pipe," Metzger said, but he didn't have much more information because police had told him he had to leave.

"He looked pretty bad," Metzger said. "He had stitches on his forehead."

Metzger expressed shock at the charges, including the unlawful use of a badge accusation.

"I've never seen him with anything" like that, he said, and he didn't know how Diaz would've obtained one, "unless it was some tin one from a store."

Previous Charges

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.

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 Metzger's car.

He 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.

In court last Friday, 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. A probation department official didn't respond to a call from the B.A.R.

Metzger, who said that he and Diaz are still friends, 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.

Wong granted a motion by Clark, the prosecutor, to administratively revoke Diaz's mandatory supervision status.

Diaz, who declined to be interviewed, is being held without bond. His next court date is Thursday, December 8.