ST JOHNS, Fla. — The 18-year-old man accused in the death of a St. Johns County sheriff's deputy is not fit to stand trial, a judge determined this week.
A medical examiner's report shows Sgt. Michael Kunovich died from an irregular heartbeat after an altercation with Vergilio Aguilar Mendez last May. Officials noted the struggle could have contributed to his death.
Last week, Judge Lee Smith ordered Aguilar to get competency treatment at Volusia County Jail before trial. Smith said Aguilar is from Guatemala and knows only a limited amount of English.
That's why the Guatemalan-Maya Center will provide him with interpretive, educational and mental health services until his competency is restored.
In the order, Smith said in part:
"h. Defendant does not have sufficient present ability to disclose to his attorney facts
pertinent to the proceedings at issue.
i. Defendant does not have appreciation of the charges or allegations.
j. Defendant does not have appreciation of the range and nature of possible penalties.
k. Defendant does not understand the adversary nature of the legal process.
1. Defendant has the capacity to manifest appropriate courtroom behavior.
m. Defendant does not have the capacity to testify relevantly."
Aguilar’s attorney Rosemarie Peoples previously filed a motion, saying her client could not assist in the defense's preparation, appreciate the nature of the charges or understand the legal process.
A forensic psychologist and neuropsychologist also testified for the defense at a recent competency hearing.
Former Federal Prosecutor Curtis Fallgatter said Aguilar did not meet the criteria required by a defendant as defined by the Florida Rules of Criminal Procedure.
"That means the judge has to postpone the trial and attempt to have medical health personnel try to encourage by medical treatment, by drugs, by counseling,” Fallgatter said, “to try to get this defendant to be competent, so he can be returned to the trial setting."
Body camera video shows Kunovich stop the migrant worker outside a hotel in May 2023.
Aguilar tells the officer he can’t speak English and a struggle ensues as he tries to get away.
Falgatter said Aguilar's treatment might take a couple of months.
“They usually do a 90-day review,” Fallgatter said, “and the judge will get reports from the mental health facility about the status of the competency of the defendant. Determinations will be made as to whether now they're competent. Once that person is competent, they'll be brought back to court and the prosecutor will resurrect the prosecution and continue with their case."
Falgatter said when Aguilar is ready to return to court, nothing will have changed for the prosecutors.
“The government will have to convince the jury that a natural cause of death by a gentleman who lost his life in the line of duty can be attributed to the criminal actions of the defendant," Fallgatter said.
Judge Smith ordered an administrator or designee to file an update with the court within 60 days or before then if Aguilar's competency is restored.