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The high-profile lawyer for an unlawful migrant from Guatemala blasted Florida police after his shopper’s fees have been dismissed for the manslaughter of a police officer.
Virgilio Aguilar Mendez, 19, was charged with aggravated manslaughter of an officer after a scuffle between a number of legislation enforcement officers in Might 2023 Sgt. Michael Kunovich of the St. Johns County Sheriff’s Workplace has died.
On Friday, Aguilar Mendez’s fees have been dropped, however the teen stays in federal custody in Florida and faces deportation.
“Latest knowledgeable testimony concerning the defendant’s incapacity to know the English language, his cultural background and considerations about his mental talents have raised necessary points for consideration within the case,” the seventh District State Lawyer’s Workplace stated in an announcement . “Moreover, based mostly on the courtroom’s latest ruling that the defendant is incompetent to proceed based mostly on that knowledgeable testimony, dismissal of the cost is suitable. Arrest and time served are enough.”
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Lawyer Jose Baez has joined Aguilar Mendez’s protection. (MediaNews Group/Boston Herald through Getty Pictures)
After the ruling, Aguilar Mendez’s lawyer, Jose Baez, blasted the St. Johns County Sheriff’s Workplace for “making a false narrative” that the teenager “didn’t comply with directions.”
Baez stated Aguilar Mendez primarily spoke Mam, a Guatemalan language, and isn’t proficient in English.
“Tradition that begins and ends with the sheriff, who not solely doubled and tripled down on creating the false narrative that this younger man, who got here in at 17, was somebody who did not comply with directions,” Baez stated at a information convention after The firing of Aguilar Mendez.
“He says Kunovich would nonetheless be alive if he simply adopted directions,” Baez stated. “I need to see him in the future obey the orders given to him in Mam or Spanish and I assure you he wouldn’t obey. Then declare that Vergilio Aguilar Mendez went to make use of a knife figuring out that was a lie,” Baez stated. .
Sergeant Michael Kunovich was a 25-year veteran of the St. Johns County Sheriff’s Workplace. (St. Johns County Sheriff’s Workplace/Fb)
The resignation comes 9 months after Kunovich, 52, succumbed to “medical misery” throughout the encounter with Aguilar Mendez, who was 18 on the time. The officer later died.
In keeping with the St. Johns County Sheriff’s Workplace, Kunovich Aguilar initially approached Mendez on Might 19 round 9 p.m., suspecting him of a criminal offense. Aguilar Mendez then continued to stroll away from the deputy.
“Aguilar Mendez was strolling on a public sidewalk and speaking to his mom, which isn’t a criminal offense,” the lawsuit stated. “When Sergeant Kunovich seized Aguilar Mendez, he stopped and didn’t try and flee.”
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The officer chased Aguilar Mendez, who apologized in English earlier than persevering with to withstand arrest.
The migrant was reportedly confused and informed the deputy, “I am sorry, I do not communicate English.”
Different deputies, together with those that spoke Spanish, responded to the scene, with officers ultimately tasing the migrant and knocking him to the bottom, Sheriff Robert Hardwick stated on the time.
The sheriff’s workplace stated officers tried to restrain Aguilar Mendez, who they stated was resisting arrest.
“Whereas struggling on the bottom, the suspect tried to seize Sergeant Kunovich’s Taser and continued to violently resist for roughly six minutes and nineteen seconds,” Hardwick stated.
The officers then handcuffed the migrant, however he managed to acquire a small pocket knife. The workplace didn’t say whether or not the migrant tried to make use of the weapon.
“Sergeant Kunovich collapsed moments after the topic was disarmed and brutal lifesaving measures have been administered by St. Johns County Hearth Rescue and Flagler Well being+ personnel. He was in the end pronounced deceased shortly after transport to Flagler Hospital,” the assertion continued.
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Baez claims his shopper was confused and “could not perceive the brutality of the officers.”
The scuffle was recorded by the officers’ physique cameras, and attorneys level to the video as proof of the migrant’s incapacity to know or communicate English.
“For sure, Aguilar Mendez didn’t perceive the aim or purpose why the officers focused him, bodily struck him a number of occasions, and Sergeant Kunovich’s repeated use of a Taser,” Baez stated.
Lawyer Jose Baez enters the Duval County Courthouse in Jacksonville, Florida in November. (Larry Paci for Fox Information Digital)
A lawsuit from Baez alleged that Lt. Jose Jimenez, one other responding deputy, didn’t inform Aguilar Mendez of his Miranda rights or try to rearrange for an interpreter for him.
The deputies “knew that there was a major chance that Aguilar Mendez could be unable to speak successfully, within the absence of any interpretive help for Mother, and disregarded Aguilar Mendez’s authorized rights and SJCSO’s coverage concerning restricted English language abilities,” the lawsuit stated.
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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 Sheriff’s Division and Jose Baez weren’t instantly obtainable for remark.
Fox Information’ Lawrence Richard contributed to this report.
Guatemalan migrant accused in loss of life of sheriff’s workplace sergeant has fees dismissed
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