Florida prosecutors have dropped all charges against a 19-year-old migrant worker accused of killing a deputy who suffered a heart attack after 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 a police officer and resisting an officer without violence.
On Friday, the 7th District State Attorney’s Office announced that the charges had been dropped.
Aguilar Mendez, an illegal immigrant from Guatemala, remains in federal custody. He will face a deportation hearing.
According to an arrest report obtained by the newspaper, the incident began May 16 around 9 p.m. when Kunovich spotted Aguilar-Mendez in the parking lot of a Super 8 motel. The boy began walking as Kunovich approached in a marked cruiser.
Body camera footage reviewed by the Post shows Kunovich and Aguilar-Mendez struggling to communicate.
“When you saw me, you left,” Kunovich can be heard telling him before asking for identification and name.
“Sorry, I don’t speak English,” Aguilar Mendez replied, resisting Kunovic’s attempts to search his pockets.
Additional officers arrived and struggled to subdue Aguilar-Mendez on the ground.
He continued to resist despite being taped several times, according to the arrest report.
After the boy was subdued, 53-year-old Kunovic collapsed. He was taken to a local hospital, where he died of a heart attack.
The incident attracted the attention of several celebrities.
Last month, Kim Kardashian shared an online petition calling for Aguilar-Mendez’s release. He retained prominent attorney Jose Baez, known for defending Casey Anthony and Aaron Hernandez.
In a statement announcing the decision, the District Attorney’s Office acknowledged that the language barrier was a contributing factor to the incident.
“Recent expert testimony regarding defendant’s inability to understand the English language, cultural background, and concerns about intellectual capacity raise important issues to consider in this case,” they said in a statement.
“Additionally, based on the court’s recent ruling that the defendant lacks the capacity to proceed based on his expert testimony, dismissal of the charges is appropriate.” An arrest and sentence are sufficient. ”
Jose Baez praised the decision at a press conference Friday afternoon.
“They couldn’t prove the case,” Baez told reporters. “It was not sustainable. The evidence contradicts what the police said. This was the right decision.”
