(NewsWorthy.news) – An illegal immigrant charged with manslaughter over the death of a police sergeant has launched a lawsuit against the deceased officer’s estate, another law enforcement officer, and the county. Lawyers representing 19-year-old Virgilio Aguilar-Mendez, from Guatemala, have argued that he was the victim and that his poor grasp of both English and Spanish language is a disability.
Lawyers claim Mendez only speaks Mam, a Guatemalan Mayan language, fluently. During the incident in May 2023, Aguilar-Mendez apologized in English before resisting arrest. Sergeant Michael Kunovich, a 25-year veteran of St. Johns County Sheriff’s Office, Florida, collapsed and died at age 52 after the struggle.
The Guatemalan’s attorney argued that he was a victim of police brutality and racial profiling when he attempted to flee from Kunovich. The attorney stated that Aguilar-Mendez had been working on a farm after being released into the US by in 2023. He was approached by Kunovich in a parking lot outside a Super 8 motel in St. Augustine at roughly 9PM on May 16. County Sheriff Robert Hardwick claimed that the officers were conducting a “simple task” and that Kunovich asked Aguilar-Mendez why he was trespassing on the property.
Bodycam footage reveals the man’s broken English and shows Kunovich ordering the suspect to stop turning away from him as Aguilar-Mendez appeared to reach toward his pocket. In the resulting scuffle, the Guatemalan attempted to grab Kunovich’s taser and violently resisted arrest for over 6 minutes and 19 seconds, according to Hardwick. Moments after the officers tased the suspect and seized a pen knife, the sergeant collapsed and died from a heart attack. The lawsuit alleges that multiple violations of the Disabilities Act were committed by the officers, in particular Kunovich and Lieutenant Jose Jimenez. Jimenez, a Spanish speaker, was also criticized for not making the suspect aware of his Miranda rights or attempting to find an interpreter.
According to the lawsuit the suspect was speaking to his mother when officers approached him. The suit also claims that he did not flee and was unable to understand the brutality of the officers.
Aguilar-Mendez has pleaded not guilty to manslaughter, and a judge ruled the suspect incompetent and halted his case due to his poor understanding of English and the legal system. The Guatemalan is currently receiving training in Volusia County jail to better understand his situation. A petition calling for the suspect’s release has over 600,000 signatures.
Copyright 2024, NewsWorthy.news
