Migrant’s Charges Dropped in Deputy’s Death, Lawyer Cites Inability to Understand English

The case of an illegal migrant from Guatemala charged in the manslaughter of a police deputy has taken a new turn after his charges were dismissed. Virgilio Aguilar Mendez, 19, was initially charged with aggravated manslaughter of an officer after a scuffle left Sgt. Michael Kunovich of the St. Johns County Sheriff's Office dead in May 2023.

Dismissal of Charges

On Friday, Aguilar Mendez's charges were dropped, citing the defendant's inability to comprehend the English language, his cultural background, and concerns about his intellectual capacity. The 7th District State Attorney's Office stated, "Based on the court’s recent ruling that the defendant is incompetent to proceed, dismissal of the charges is appropriate. Arrest and time served is sufficient."

Attorney's Response

Following the ruling, Aguilar Mendez's attorney, Jose Baez, criticized the St. Johns County Sheriff's Office for creating a false narrative about the case. Baez highlighted the defendant's limited proficiency in English, stating that Aguilar Mendez primarily spoke Mam, a Guatemalan language, and is not competent in English.

Incident Background

The dismissal comes nine months after the incident in which Sgt. Michael Kunovich collapsed from "medical distress" during the encounter with Aguilar Mendez. The officer later died.

According to the St. Johns County Sheriff’s Office, Kunovich initially approached Aguilar Mendez about 9 p.m. on May 19, suspecting him of a crime. The lawsuit claims that Aguilar Mendez was not committing any crime when Kunovich seized him. The officer pursued Aguilar Mendez, who apologized in English before continuing to resist the arrest.

Legal Claims

Attorney Jose Baez asserted that his client was unable to understand the officers' actions and was not made aware of his rights. Baez also highlighted the video evidence recorded by the officers’ bodycams as proof of his client's inability to comprehend or speak English.

Law Enforcement's Response

St. Johns County Sheriff’s Office and Jose Baez were not immediately available for comment, and the case continues to spark debate and legal battles.