The charges against a Guatemalan teen blamed for causing the death of a Florida police officer have been officially dropped.
It comes after Virgilio Aguilar Mendez’s attorneys argued that the teen was not responsible for St. Johns County Sgt. Michael Kunovich’s fatal heart attack — which happened following an encounter between the two in May 2023.
Mendez was walking outside near a motel talking to his mother on the phone when Kunovich approached and started questioning him because he looked “suspicious.” Body camera footage shows the teen responding to the officer in another language spoken in his home country because he doesn’t speak English.
However, the officer continued to ask him if he had identification or any weapons, to which Mendez responded, “No.” As Mendez attempted to walk away, Kunovich and another officer forced the teen to the ground. He was shocked several times during the struggle that resulted in him being in handcuffs.
Kunovich suffered a heart attack shortly afterward. The medical examiner determined that irregular heartbeat and potentially the “emotional stress” from the incident played a part in the officer’s death, according to local reports.
Mendez, now 19 years old, was charged with manslaughter and resisting an officer with violence and has been held in federal custody since last year, as FirstCoastNews reported.
Advocates and supporters have been calling for his release, highlighting in an active petition that if Mendez was convicted, “it will create an extremely dangerous precedent in this country.” His attorney said they would pursue legal action if the case was not dismissed.
On Friday, the 7th District Attorney’s Office released a statement announcing that the charges against Mendez have been cleared.
“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,” officials told the outlet. “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.”
Local news reported that the teen is now facing deportation. Sheriff Robert Hardwick backed Kunovich’s actions, stating that he “died a hero protecting the citizens of St. Johns County, and there is nothing more noble than that.”
