An illegal migrant from Guatemala, who was accused of killing a police sergeant, was released.

Earlier this month, the case against Virgilio Aguilar Mendez, 19, for aggravated manslaughter of an officer was dismissed.

An illegal migrant from Guatemala, who was accused of killing a police sergeant, was released.
An illegal migrant from Guatemala, who was accused of killing a police sergeant, was released.

An undocumented immigrant from Guatemala, who was charged with murdering a police officer in the previous year, has been released from ICE detention.

In May 2023, Virgilio Aguilar Mendez, 19, was accused of aggravated manslaughter of an officer following a confrontation with multiple law enforcement officers.

Sgt. Michael Kunovich of the St. Johns County Sheriff's Office passed away due to the incident, while charges against Mendez were dropped last month.

Phillip Arroyo, Aguilar Mendez's lawyer, posted a TikTok video of 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 Mendez, and his attorney walking
Virgilio Aguilar Mendez, 19, walks out of detention Friday with his lawyer. (TikTok)

"Virgilio Aguilar is finally free! God is great," Arroyo wrote in a Spanish caption.

Kunovich, 52, collapsed from "medical distress" during an encounter with Aguilar Mendez, who was 18 at the time. The officer later died. The release comes 10 months after the incident.

The St. Johns County Sheriff's Office stated that Kunovich first encountered Aguilar Mendez at 9 p.m. on May 19, suspecting him of a crime. Aguilar Mendez then continued to walk away from the deputy.

"Aguilar Mendez was strolling on a public road and conversing with his mother, which is not illegal, according to a lawsuit. However, when Sgt. Kunovich apprehended Aguilar Mendez, he halted and did not attempt to escape."

Aguilar Mendez, who apologized in English, was pursued by the officer before continuing to resist arrest.

The deputy was reportedly informed by the migrant that they were bewildered and stated, "I apologize, I don't speak, I don't speak English."

At the time, Sheriff Robert Hardwick stated that other deputies, including those who spoke Spanish, responded, and officers tased the migrant and tackled him to the ground.

Jose Baez
Defense attorney Jose Baez has joined Aguilar Mendez's defense. (MediaNews Group/Boston Herald via Getty Images)

The sheriff's office stated that the deputies tried to subdue Aguilar Mendez, who they asserted was resisting arrest.

The migrant was handcuffed by the deputies, but he managed to obtain a small pocketknife. It is unclear if the migrant tried to use the weapon.

The bodycams of the officers recorded the scuffle, and the lawyers use the video as evidence of the migrant's inability to comprehend or communicate in English.

Jose Baez, the attorney for Aguilar Mendez, contended that his client was bewildered and failed to comprehend the motive behind the police officers' actions of piling on him and striking him repeatedly, as well as the repeated use of a Taser by Sgt. Kunovich.

Lt. Jose Jimenez was accused by Baez in a lawsuit of not informing Aguilar Mendez of his Miranda rights or trying to get an interpreter for him.

The 7th District State Attorney's Office agreed and issued a statement.

The state attorney's office stated that recent expert testimony about the defendant's language comprehension, cultural background, and intellectual capacity concerns have raised significant issues to consider in the case.

St. Johns County Sheriff's Office vehicle
Sgt. Michael Kunovich was a 25-year veteran of the St. Johns County Sheriff's Office. (St. Johns County Sheriff's Office/Facebook)

"Based on the court's ruling that the defendant is incompetent to proceed based on expert testimony, dismissal of the charges is appropriate. Arrest and time served is sufficient."

Sheriff Hardwick described Kunovich, a 25-year veteran of the St. Johns County Sheriff's Office, as a "valued member of the St. Johns County Office who passionately dedicated his career to keeping our community safe."

Planet Chronicle' Lawrence Richard contributed to this report.

by Michael Dorgan,Sarah Rumpf-Whitten

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