Migrant accused of police officer’s demise launched after case pushed aside

A Guatemalan unlawful immigrant accused of killing a police officer ultimate yr has been launched from U.S. Immigration and Customs Enforcement (ICE) custody.

Virgilio Aguilar Mendez, 19, used to be charged with annoyed manslaughter of an officer after a scuffle involving a number of legislation enforcement officials in Would possibly 2023.

St. Johns County Sheriff’s Workplace Sgt. Michael Kunovich died on account of the incident, however fees towards Mendez have been dropped ultimate month.

On Friday, Aguilar Mendez’s legal professional, Phillip Arroyo, shared a TikTok video appearing the instant Mendez used to be launched for the primary time since Would possibly 2023. The video presentations the teenager smiling and nodding whilst talking with Arroyo as they stroll towards a digicam. 

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“Virgilio Aguilar in spite of everything FREE! God is superb,” Arroyo wrote in a caption in Spanish.

The discharge comes 10 months after Kunovich, 52, collapsed from “clinical misery” all through the come across with Aguilar Mendez, who used to be 18 on the time. The officer later died.

In keeping with the St. Johns County Sheriff’s Workplace, Kunovich to start with approached Aguilar Mendez about 9 p.m. on Would possibly 19, suspecting him of a criminal offense. Aguilar Mendez then persisted strolling clear of the deputy.

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“Aguilar Mendez used to be strolling on a public sidewalk and talking together with his mom, which is no longer a criminal offense,” a 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, sooner than proceeding to withstand the arrest.

The migrant used to be allegedly puzzled and instructed the deputy, “I am sorry, no discuss, no discuss English.”

Different deputies, together with those that spoke Spanish, answered, and officials tased the migrant and tackled him to the bottom, Sheriff Robert Hardwick stated on the time.

Protection lawyer Jose Baez has joined Aguilar Mendez’s protection. (MediaNews Staff/Boston Bring in by means of Getty Pictures)

The sheriff’s workplace stated the deputies tried to restrain Aguilar Mendez, who they declare used to be resisting arrest.

The deputies then handcuffed the migrant, however he controlled to procure a small pocketknife. The workplace didn’t say if the migrant tried to make use of the weapon.

The scuffle used to be recorded via the officials’ bodycams, and the attorneys level to the video as proof of the migrant’s lack of ability to grasp or discuss English.

Aguilar Mendez’s lawyer, Jose Baez, argued his shopper used to be puzzled and didn’t perceive the aim or reason why for the officials to pile on him, to bodily strike him a couple of instances and the repeated use of a Taser via Sgt. Kunovich.

A lawsuit filed via Baez claimed Lt. Jose Jimenez, any other responding deputy, didn’t make Aguilar Mendez acutely aware of his Miranda rights or try to download an interpreter for him.

The seventh District State Legal professional’s Workplace agreed and issued a observation. 

“Fresh professional testimony in regards to the defendant’s lack of ability to understand the English language, his cultural background and issues about his highbrow capability have raised important problems to believe within the case,” the state lawyer’s workplace stated. 

Sgt. Michael Kunovich used to be a 25-year veteran of the St. Johns County Sheriff’s Workplace. (St. Johns County Sheriff’s Workplace/Fb)

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“Moreover, according to the court docket’s contemporary ruling that the defendant is incompetent to continue according to that professional testimony, dismissal of the costs is suitable. Arrest and time served is enough.” 

Kunovich used to be 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 protected.”

Fox Information’ Lawrence Richard contributed to this file.