When the man asked Valdivia for money on the train, the agent said no and the man muttered expletives while walking away, Senior Assistant State’s Attorney Robert Hill said during Tuesday’s hearing. Valdivia told the man, "Watch your mouth," and the man turned around and approached Valdivia, who told him to back up multiple times. Valdivia shot the man from 2 to 3 feet away, Hill said, and did not identify himself as an agent until after the shooting. The man had part or all of his spleen, colon and pancreas removed during surgery after the shooting.