By Seth Hemmelgarn from Bay Area Reporter/ Photo: Rick Gerharter

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 in an unrelated arson case, is back in custody on suspicion of assault and other charges.

05_15_Diaz_35_LRG1Sheriff’s department records say that Diaz, 27, was booked Tuesday, November 29 into San Francisco County Jail #2. The charges listed are assault with force likely to commit great bodily injury, unlawful use of a badge, false imprisonment, mayhem, battery with serious bodily injury.

Prosecutors have filed a motion to revoke Diaz’s probation from the arson case, rather than pursue new charges in the alleged assault.

Larry Metzger, 58, who was Diaz’s boyfriend, said that he saw Diaz briefly yesterday in the emergency room at Zuckerberg San Francisco General Hospital after learning that he’d been hospitalized.

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 said he didn’t know who had struck Diaz with a pipe or where it had happened.

Diaz is due in court tomorrow morning for a hearing on the Adult Probation Department’s motion to revoke his post-release community supervision status. He’s being held without bond.