An undocumented migrant accused of the aggravated manslaughter of a police officer is a free man today.
In part because he doesn't know English.
Virgilio Aguilar Mendez, 19, was charged with aggravated manslaughter of an officer after a scuffle involving several law enforcement officers in May 2023.
St. Johns County Sheriff's Office Sgt. Michael Kunovich died as a result of the incident, but charges against Mendez were dropped last month.
On Friday, Aguilar Mendez's lawyer, Phillip Arroyo, shared a TikTok video showing the moment Mendez was released for the first time since May 2023. The video shows the teen smiling and nodding while speaking with Arroyo as they walk toward a camera.
“Virgilio Aguilar finally FREE! God is great,” Arroyo wrote in a caption in Spanish.
Sgt. Kunovich died after collapsing during the encounter with Mendez due to “medical distress.” Mendez's release came 10 months later.
“Aguilar Mendez was walking on a public sidewalk and speaking with his mother, which is not a crime,” a civil rights lawsuit filed against St. Johns County, Florida states. “When Sgt. Kunovich seized Aguilar Mendez, he stopped and did not try to flee.” The suit adds that Lt. Jose Jimenez, another deputy, never gave Mendez his Miranda rights or provided him with an interpreter.
The 7th District State Attorney's Office agreed and issued the following response, which stated in part:
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.
According to St. Johns Sheriff Robert Hardwick, Mendez was combative and resisting arrest. Mendez allegedly told Kunovich “I'm sorry, no speak, no speak English,” before continuing to resist.
When the sheriff deputies handcuffed Mendez, he brandished a small pocket knife. The incident report does not state if he attempted to use it against the officers.
Multiple body cameras recorded the incident. Another Mendez attorney, Jose Baez, argued that it demonstrated his inability to speak English and not understand why officers fought him, eventually deploying a Taser.
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