ST. AUGUSTINE, Fla. — Charges against Virgilio Aguilar Mendez, the 19-year-old migrant accused of causing the death of Sgt. Michael Kunovich, has had his charges dropped, the 7th District State Attorney's Office announced Friday.
However, he remains in federal custody and faces deportation.
Aguilar Mendez was originally charged with aggravated manslaughter of an officer and resisting an officer without violence. He has been in custody for eight months since his May 19 arrest.
"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. 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," the state attorney's office said in a statement.
Aguilar-Mendez was involved in a struggle with Kunovich shortly before the officer died. A medical examiner's report said Kunovich died of an irregular heartbeat, but the struggle and possible emotional stress contributed to his death.
Kunovich approached Mendez due to "suspicious behavior." Mendez began to walk away after telling the officer he didn't speak English and a struggle ensued and Mendez was tased multiple times.
According to the incident report, Mendez is a migrant worker from Guatemala and told police he was previously in immigration custody for six months. Mendez was originally charged with resisting with violence and felony murder. The murder charge was later downgraded to aggravated manslaughter of an officer.
The State Attorney’s Office decision to dismiss the case was based on concerns about the intellectual capacity of Virgilio Aguilar Mendez and the recent ruling finding him incompetent, according to the St. Johns County Sheriff's Office.
Last month, the Medical Examiner's Office released a report that said found Kunovich's death did not meet the criteria of a homicide. Aguilar Mendez's attorneys later threatened a federal lawsuit if the charges weren't dropped.
More than 600,000 people have signed a petition demanding Mendez be released immediately.
The agency said he will remain in federal custody due to his immigration status and subject to deportation proceedings.
"Aguilar Mendez is an illegal alien who resisted Sergeant Kunovich’s lawful efforts to detain him and as a result, Sergeant Kunovich tragically suffered a fatal heart attack," The sheriff's office said in a statement.
“There have been attempts by some to portray Aguilar Mendez as a victim and vilify Sergeant Kunovich. I continue to stand behind Sergeant Kunovich’s actions on the night of May 19, 2023. The danger associated with law enforcement is a risk we assume when we enter this profession. Sergeant Kunovich died a hero protecting the citizens of St. Johns County and there is nothing more noble than that. Please continue to hold our agency and Sergeant Kunovich’s family in your thoughts and prayers," Sheriff Robert Hardwick stated.
At a press conference in Lake Worth Friday, Aguilar Mendez's attorney Jose Baez said State Attorney R.J. Larizza did the right thing and Baez and the state atorney's office shared an open dialogue. He said Hardwick's public statements were "nothing less than shameful" and "created a false narrative."
"I will tell you this, if we were forced to go to trial, we were prepared to file a demand a speedy trial and have him brought to trial as quick as possible ," Baez said. "We were ready, willing and able to defend him, and not only that, bring out to the public and cameras in the courtroom so the entire nation and world could see such a shameful act of discrimination taking place ..."