The high-profile lawyer for an unlawful migrant from Guatemala slammed Florida police after his consumer’s prices have been dismissed within the manslaughter of a police deputy.
Virgilio Aguilar Mendez, 19, was charged with aggravated manslaughter of an officer after a scuffle involving a number of regulation enforcement officers in Might 2023 left Sgt. Michael Kunovich of the St. Johns County Sheriff’s Workplace lifeless.
On Friday, Aguilar Mendez’s prices have been dropped, however the teen stays in federal custody in Florida and faces deportation.
“Latest knowledgeable testimony relating to the defendant’s incapability to understand the English language, his cultural background and issues about his mental capability have raised vital points to contemplate within the case,” the seventh District State Lawyer’s Workplace mentioned in an announcement. “Moreover, primarily based on the courtroom’s current ruling that the defendant is incompetent to proceed primarily based on that knowledgeable testimony, dismissal of the fees is suitable. Arrest and time served is enough.”
MIGRANT CHARGED IN DEPUTY’S DEATH FILES CIVIL LAWSUIT, CITES ‘DISABILITY’ OF NOT KNOWING ENGLISH
Protection lawyer Jose Baez has joined Aguilar Mendez’s protection. (MediaNews Group/Boston Herald by way of Getty Photos)
Following the ruling, Aguilar Mendez’s lawyer, Jose Baez, blasted the St. Johns County Sheriff’s Workplace for “making a false narrative” that the teenager “did not comply with directions.”
Baez mentioned that Aguilar Mendez primarily spoke Mam, a Guatemalan language, and isn’t competent in English.
“Tradition that begins and ends with the sheriff, who not solely doubled down and tripled down by making a false narrative that this younger man, who got here in at 17, was somebody who did not comply with directions,” Baez mentioned in a press convention following Aguilar Mendez’s dismissal.
“He says if he solely adopted directions Kunovich would nonetheless be alive,” Baez mentioned. “I wish to at some point see him comply to orders given to him in Mam or Spanish and I might assure you that he wouldn’t comply. Then declare Vergilio Aguilar Mendez was going to make use of a knife, figuring out that was a lie,” Baez mentioned.
Sgt. Michael Kunovich was a 25-year veteran of the St. Johns County Sheriff’s Workplace. (St. Johns County Sheriff’s Workplace / Fb)
The dismissal comes 9 months after Kunovich, 52, collapsed from “medical misery” in the course of the encounter with Aguilar Mendez, who was 18 on the time. The officer later died.
In response to the St. Johns County Sheriff’s Workplace, Kunovich initially approached Aguilar Mendez about 9 p.m. on Might 19, suspecting him of against the law. Aguilar Mendez then continued strolling away from the deputy.
“Aguilar Mendez was strolling on a public sidewalk and talking together with his mom, which is not against the law,” the lawsuit states. “When Sgt. Kunovich seized Aguilar Mendez, he stopped and didn’t attempt to flee.”
The officer pursued Aguilar Mendez, who apologized in English, earlier than persevering with to withstand the arrest.
The migrant was allegedly confused and informed the deputy: “I am sorry, no converse, no converse English.”
Different deputies, together with those that spoke Spanish, responded to the scene, which finally noticed the officers tase the migrant and deal with him to the bottom, Sheriff Robert Hardwick mentioned on the time.
The sheriff’s workplace mentioned the deputies tried to restrain Aguilar Mendez, who they declare was resisting arrest.
“Whereas preventing on the bottom, the suspect tried to seize Sergeant Kunovich’s taser and continued to violently resist for about 6 minutes and 19 seconds,” Hardwick mentioned.
The deputies then handcuffed the migrant, however he managed to amass a small pocketknife. The workplace didn’t say if the migrant tried to make use of the weapon.
“Sergeant Kunovich collapsed moments after the topic was disarmed and relentless lifesaving measures have been initiated by St. Johns County Hearth Rescue and Flagler Well being+ personnel. He was finally pronounced deceased shortly after transport to Flagler Hospital,” the assertion continued.
Baez claims that his consumer was confused and was “unable to know the brutality of the officers.”
The scuffle was recorded by the officers’ bodycams and the attorneys level to the video as proof of the migrant’s incapability to know or converse English.
“With out query, Aguilar Mendez didn’t perceive the aim or motive for the officers to pile on him, to bodily strike him a number of occasions, and the repeated use of a taser by Sgt. Kunovich,” Baez mentioned.
Lawyer Jose Baez enters the Duval County Courthouse in Jacksonville, Fla., in November. (Larry Paci for Fox Information Digital)
A lawsuit from Baez claimed that Lt. Jose Jimenez, one other responding deputy, didn’t make Aguilar Mendez conscious of his Miranda rights, or try to receive an interpreter for him.
The deputies “knew there was a considerable probability that Aguilar Mendez could be unable to speak successfully, absent any interpretive assist for Mam, and ignored Aguilar Mendez’s statutory rights and SJCSO’s insurance policies relating to restricted English proficiency,” the lawsuit reads.
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Kunovich was a 25-year veteran of the St. Johns County Sheriff’s Workplace and Sheriff Hardwick described him as a “valued member of the St. Johns County Workplace who passionately devoted his profession to protecting our neighborhood secure.”
The St. John’s Sheriffs Division and Jose Baez weren’t instantly obtainable for remark.
Fox Information’ Lawrence Richard contributed to this report.
