An illegal Guatemalan immigrant accused of killing a police officer last year has been released from U.S. Immigration and Customs Enforcement (ICE) custody.
Virgilio Aguilar Mendez, 19, was charged with aggravated manslaughter of a police officer after a May 2023 brawl involving several officers.
St. Johns County Sheriff’s Office Sergeant Michael Kunovich died in the incident, but charges against Mendez were dropped last month.
On Friday, Aguilar Mendez’s attorney, Philippe Arroyo, shared a TikTok video showing the moment Mendez was released from prison for the first time since May 2023.
The video shows the boy smiling and nodding as he walks towards the camera and talks to Arroyo.
“Virgilio Aguilar is finally free! God is great,” Arroyo wrote in a caption in Spanish.
The release came 10 months after Kunovich, 52, collapsed in “medical distress” during an encounter with then-18-year-old Aguilar Mendez. The police 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 a crime.
Aguilar Mendez then continued to walk away from the deputy.
“Aguilar Mendez was walking on a public sidewalk and talking to his mother, which is not a crime,” the complaint states. “When the sergeant said, Kunovich grabbed Aguilar-Mendez, he stopped and made no attempt to run away.”
Officers pursued Aguilar Mendez, who apologized in English, then continued to resist arrest.
The immigrant became confused and allegedly told the deputy, “I’m sorry, I can’t speak, I don’t speak English.”
Sheriff Robert Hardwick said at the time that other deputies, including one who spoke Spanish, returned fire, and officers taped the immigrant and threw him to the ground.
The sheriff’s office said deputies attempted to detain Aguilar Mendez, who was resisting arrest.
Deputies then handcuffed the migrant, who managed to obtain a small pocket knife.
Authorities have not said whether the migrants tried to use a weapon.
The scuffle was recorded on the officers’ body cameras, and lawyers say the video is evidence that the immigrants do not understand or speak English.
Aguilar Mendez’s attorney, Jose Baez, said his client was confused and had no idea why the officers piled on top of him, physically punched him multiple times, and why Sergeant Mendez repeatedly used the Taser on him. He claimed he didn’t understand why. Kunovich.
Baez’s lawsuit claims that another defense attorney, Lt. Jose Jimenez, failed to inform Aguilar Mendez of his Miranda rights or to hire an interpreter.
The 7th District State Attorney’s Office agreed and issued a statement.
“Recent expert testimony regarding the defendant’s inability to understand English, his cultural background, and concerns about his intellectual ability raise important issues to consider in this case,” the state attorney’s office said in a statement.
“Additionally, based on the court’s recent ruling that defendant lacks the capacity to proceed based on expert testimony, dismissal of the charges is appropriate.” An arrest and sentence are sufficient. ”
Mr. Kunovich is a 25-year veteran of the St. Johns County Sheriff’s Office, and Sheriff Hardwick described him as a “st. “A valuable member of the team.”
FOX News’ Lawrence Richard contributed to this report.
