The prominent attorney for an illegal migrant from Guatemala sharply criticized Florida police after his client's charges were dismissed for the involuntary manslaughter of a police officer.
Virgilio Aguilar Méndez, 19, was charged with aggravated homicide of an officer after a fight involving several law enforcement officers In May 2023 he left Sgt. Michael Kunovich, of the St. Johns County Sheriff's Office, died.
Charges against Aguilar Méndez were dropped on Friday, but the teenager remains in federal custody in Florida and faces deportation.
“Recent expert testimony regarding the defendant's inability to understand the English language, his cultural background, and concerns about his intellectual capacity have raised important issues for consideration in the case,” the Seventh District State's Attorney's Office said in a statement. “Furthermore, based on the court's recent ruling that the defendant is incompetent to proceed based on that expert testimony, dismissal of the charges is appropriate. The arrest and time served are sufficient.”
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Defense attorney José Báez has joined Aguilar Méndez's defense. (MediaNews Group/Boston Herald via Getty Images)
Following the ruling, Aguilar Méndez's attorney, José Báez, criticized the St. Johns County Sheriff's Office for “creating a false narrative” that the teen “did not follow instructions.”
Báez said Aguilar Méndez spoke primarily Mam, a Guatemalan language, and is not proficient in English.
“Culture that begins and ends with the sheriff, who not only doubled and tripled his bet by creating a false narrative that this young man, who arrived at the age of 17, was someone who did not follow instructions,” Báez said at a press conference. subsequent dismissal of Aguilar Méndez.
“He says if he had followed instructions, Kunovich would still be alive,” Baez said. “I want to see him one day carry out the orders they gave him in Mam or Spanish and I guarantee you that he will not carry them out. Then claim that Vergilio Aguilar Méndez was going to use a knife, knowing that that was a lie,” Báez said. .
Sergeant. Michael Kunovich was a 25-year veteran of the St. Johns County Sheriff's Office. (St. Johns County Sheriff's Office/Facebook)
The firing comes nine months after Kunovich, 52, collapsed from “medical distress” during the encounter with Aguilar Méndez, who was 18 at the time. The officer later died.
According to the St. Johns County Sheriff's Office, Kunovich initially approached Aguilar Mendez around 9 p.m. on May 19, suspecting foul play. Aguilar Méndez then continued to walk away from the deputy.
“Aguilar Méndez was walking along a public sidewalk and talking to his mother, who is “It's not a crime,” the lawsuit states. “When Sergeant Kunovich arrested Aguilar Méndez, he stopped and did not try to flee.”
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The officer chased Aguilar Méndez, who apologized in English, before continuing to resist arrest.
The migrant was allegedly confused and told the deputy, “I'm sorry, I don't speak, I don't speak English.”
Other officers, including those who spoke Spanish, responded to the scene, where officers eventually Tasered the migrant, knocking him to the ground, Sheriff Robert Hardwick said at the time.
The sheriff's office said deputies attempted to restrain Aguilar Mendez, who they say was resisting arrest.
“While fighting on the ground, the suspect attempted to grab Sergeant Kunovich's Taser and continued to violently resist for approximately 6 minutes and 19 seconds,” Hardwick said.
The agents then handcuffed the migrant, but he managed to acquire a small knife. The office did not say whether the migrant attempted to use the weapon.
“Sergeant Kunovich collapsed moments after the subject was disarmed and St. Johns County Fire and Flagler Health+ personnel began relentless life-saving measures. He was ultimately pronounced deceased shortly after transport to Flagler Hospital,” the statement continued.
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Báez claims his client was confused and “could not understand the brutality of the officers.”
The fight was recorded by the agents' body cameras and lawyers point to the video as evidence of the migrant's inability to understand or speak English.
“Without a doubt, Aguilar Méndez did not understand the purpose or reason of the officers' lunging at him, physically striking him multiple times, and Sergeant Kunovich's repeated use of a Taser,” Baez said.
Attorney José Báez enters the Duval County Courthouse in Jacksonville, Florida, in November. (Larry Paci for Fox News Digital)
A lawsuit by Báez claimed that Lieutenant José Jiménez, another defendant deputy, did not inform Aguilar Méndez of his miranda rightsor try to get him an interpreter.
The officers “knew that there was a substantial probability that Aguilar Méndez would not be able to communicate effectively, without any interpretive assistance for Mam, and ignored Aguilar Méndez's legal rights and SJCSO's policies regarding limited English proficiency,” it said. reads in the lawsuit.
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Kunovich was a 25-year veteran of the St. Johns County Sheriff's Office and Sheriff Hardwick described him as a “valued member of the St. Johns County Sheriff's Office who passionately dedicated his career to keeping our community safe.” .
The St. John Sheriff's Department and José Báez were not immediately available for comment.
Fox News' Lawrence Richard contributed to this report.
