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Attorney: Police 'racially profiled' Guatemalan teen charged with manslaughter in SJCSO sergeant's death

Jose Baez said the St. Johns County Sheriff's sergeant had no right to 'engage' Virgilio Aguilar Mendez or 'put him in a position where he was not free to leave.'

ST. JOHNS COUNTY, Fla. — The attorney for a Guatemalan teenager charged with manslaughter in connection with a St. Johns County Sheriff's officer's death claims his client was unlawfully arrested by police.

In an exclusive interview with ABC News, Virgilio Aguilar Mendez’s high-profile attorney Jose Baez said he believes Aguilar Mendez was racially profiled.

Baez said he was "disgusted" and "angered" when he saw a video of the encounter between Mendez and Sgt. Michael Kunovich.

The State Attorney's Office's case against Mendez is on hold after a judge ruled the 19-year-old mentally incompetent because of his lack of understanding of the criminal justice system.

Reporters asked State Attorney for the Seventh Judicial Circuit R.J. Larizza about it at a press conference on Monday.

"That really puts a stay on all court proceedings,” Larizza said. “We really can't do anything at this point, but we want to resolve the case."

An arrest report said Kunovich approached Mendez due to "suspicious behavior" in May 2023.

Mendez began to walk away after telling the officer he didn't speak English and a struggle ensued.

Minutes later, Kunovich died and an autopsy report revealed he suffered cardiac dysrhythmia.

According to Baez, Kunovich had no right to "engage" Mendez or "put him in a position where he was not free to leave.”

"I think the fact that the Sheriff's Office decided to charge him and continue to want to have him prosecuted is a reflection of their culture and their lack of understanding of diversity within not only their community but the United States," Baez said.

Baez also denied police reports that Mendez "armed himself with a folding pocket knife" but instead had his "life savings" in cash that he was trying to protect.

Larizza said Mendez cannot stand trial until he's ruled competent.

"We will continue to work with whoever's representing the defendant in this case,” Larizza said, “but at this point, competency, it really trumps everything. We filed a motion I think in response to the motion to dismiss and beyond that we really don't have any comment."

Mendez has been in custody since last May.

Over 600,000 people have signed a petition demanding Mendez be released immediately.

The St. Johns County Sheriff's Office declined to comment on this story due to "pending prosecution."

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