TUCSON, Ariz. (13 News) – A former mental health counselor in Tucson has been accused of making and possessing child pornography, but won’t face charges in Pima County.
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On Saturday, June 6, Homeland Security said 33-year-old Xiomar Diaz was arrested on federal charges.
As of 11 a.m. Monday, Diaz was no longer in the Pima County Adult Detention Center. 13 News reached out to HSI, and a spokesperson said Diaz was likely picked up by the U.S. Marshals Service.
13 News also reached out to the Pima County Attorney’s Office to see if Diaz would also face state charges. The PCAO said it is letting the federal government handle the prosecution of Diaz.
“After careful evaluation and discussion by our team of veteran prosecutors and federal investigators, it was mutually agreed that the case would be handled by federal prosecutors,” the PCAO said in a statement.
13 News has reached out to several medical providers in southern Arizona to find out if Diaz has been terminated and to find out which location he worked at.
The interim complaint from Pima County shows Diaz faced 14 counts of sexual exploitation of a minor, four counts of sexual exploitation of a minor with recording, and one count of sexual conduct with a minor in Arizona. But with PCAO handing the case off to the feds, he likely will not be tried in Pima County Superior Court.
HSI said Diaz worked for a large behavioral health care organization in southern Arizona and was around multiple children. He has also been accused of talking with other kids online using the usernames “velander12″ and “XiXi.”
The federal agency is asking parents of children who may have come into contact with Diaz to call 1-866-DHS-2-ICE, use the online tip form HERE, or call local law enforcement.
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DHS said Diaz was talking with a 15-year-old Tucson boy through Snapchat. The two allegedly exchanged graphic videos, and Diaz later convinced the boy to meet up for sex. Investigators said they found a video of Diaz and the teen having sex in the back of Diaz’s vehicle.
Investigators said they also found child sexual abuse material on Diaz’s electronic devices when a warrant was served in May 2026.
The investigation began in late 2025, when Diaz allegedly uploaded child porn to Dropbox. Dropbox reported the images and videos to law enforcement.
The interim complaint shows that after being made aware of his rights, Diaz admitted having a Dropbox account on his device on May 13.
The Tucson Police Crime Lab examined the devices found at Diaz’s residence. One device had more than 10 images and videos of child exploitation material, according to the interim complaint.
A second device found additional videos and images.
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