Charges dropped against migrant accused in the death of Florida deputy who had heart attack after struggle
Florida prosecutors dropped all charges against a 19-year-old migrant worker accused of causing the death of a deputy who suffered a heart attack following a struggle.
Virgilio Aguilar-Mendez was arrested in May after an altercation with St. Johns County Sergeant Michael Kunovich. He was charged with aggravated manslaughter of an officer and resisting an officer without violence.
On Friday, the 7th District State Attorney’s Office announced that they had dropped the charges.
Aguilar-Mendez, an immigrant from Guatemala who is in the country illegally, remains in federal custody. He faces a deportation hearing.
Virgilio Aguilar Mendez appeared in a St John’s County courtroom First Coast News
According to an arrest report obtained by The Post, the incident began when Kunovich spotted Aguilar-Mendez in the parking lot of a Super 8 motel around 9 p.m. on May 16. As Kunovich approached in his marked cruiser, the teen began to walk away.
Bodycam footage reviewed by The Post shows Kunovich and Aguilar-Mendez struggling to communicate.
“When you saw me, you walked away,” Kunovich can be heard telling him, before asking for his identification and name.
Bodycam footage of Virgilio Aguilar Mendez First Coast News
“Sorry, I no speak English,’ Aguilar-Mendez responds before resisting Kunovich’s attempts to search his pockets.
Additional officers arrived and struggled to subdue Aguilar-Mendez on the ground.
He continued to resist despite being tased several times, according to the arrest report.
After the teen was subdued, the 53-year-old Kunovich collapsed. He was transported to a local hospital, where he died of a heart attack.
Sgt. Michael Kunovich in an undated photo First Coast News
The case attracted the attention of several celebrities.
Last month, Kim Kardashian shared an online petition for Aguilar-Mendez’s release. He retained high-profile attorney Jose Baez, best known for defending Casey Anthony and Aaron Hernandez.
In a statement announcing their decision, the District State Attorney’s office acknowledges that language barrier was a factor in the case.
“Recent expert testimony regarding the defendant’s inability to comprehend the English language, his cultural background and concerns about his intellectual capacity have raised significant issues to consider in the case,” they 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. Arrest and time served is sufficient.”
In a Friday afternoon press conference, Jose Baez lauded the decision.
“They couldn’t prove the case,” Baez told reporters. “It wasn’t sustainable. The evidence is contrary to what the police said happened. This was the right decision.”