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Netizens are outraged over the charges against Virgilio Aguilar Mendez, an 18-year-old Guatemalan immigrant. Mendez was arrested in May 2023 after a Florida sheriff’s deputy suffered a heart attack after apprehending him at a parking lot in St. Augustine. The officer passed away, and Mendez was charged with aggravated manslaughter and currently remains behind bars for over 7 months.
He was also charged with violently resisting an officer. After a December 22 hearing, the farmworker was ruled incompetent for a trial due to his limited language capabilities. Netizens were enraged by the teenager being charged with an officer's heart attack death and for being illegally and allegedly unconstitutionally apprehended.
The incident that left Virgilio Aguilar Mendez behind bars
The night of May 19, 2023, was life-altering for Guatemalan teen Virgilio Aguilar Mendez and fatal for St. Johns County sheriff's sergeant Michael Kunovich. As per the Florida Times-Union, the police officer allegedly spotted Virgilio in the parking lot of a Super 8 motel at State Road 16 in St. Augustine at 9 p.m local time. The teenager was sitting down and eating food but allegedly started walking away when he saw the officer pull up in his vehicle.
The 52-year-old officer approached him and asked him why he walked away after seeing him. The teenager, who only knew the Mam language, kept apologizing. He pointed in a direction and conveyed that he was "eating" and then "drinking." According to a defense motion, he had left the motel to eat outside and was on the phone with a parent.
Virgilio Aguilar Mendez repeatedly said "sorry" and that he did not know English. Kunovich decided to search him, at which point he resisted while still apologizing. What followed was Kunovich tasing Virgilio Aguilar Mendez multiple times, trying to pin him down while he cried out in pain. Kunovich's bodycam footage was released, showing the confrontation.
Multiple officers arrived at the scene later and helped Kunovich take down Aguilar Mendez, who tried taking control of the taser but was pinned down. Towards the end, officers found that he had a foldable knife, which was later removed from his possession. A short time after the scuffle and the teen was detained, Kunovich passed out and was taken to a hospital where he died due to a heart attack.
Medical examiners concluded that the officer died of natural causes stemming from a cardiac dysrhythmia, or an irregular heartbeat. However, they also stated that this was caused by the "emotional distress" and "physical exertion" he had undertaken in order to apprehend Virgilio Aguilar Mendez.
The Office of the State Attorney for the 7th Judicial Circuit of Florida and the St. John’s County Sheriff’s Office charged Virgilio Aguilar Mendez with aggravated manslaughter of a police officer and resisting arrest with violence. He has been jailed for over 7 months without a bond.
After a December 22 hearing, it was ruled by the court that the teen was incompetent to proceed with the trial due to his lack of understanding of the trial procedures stemming from his difficulties in understanding the language. Forensic psychologist Dr. Yenys Castillo, as quoted by Jacksonville.com, stated:
"He couldn’t understand the difference between being guilty, pleading guilty or being found guilty, and those are very different concepts, he couldn’t understand that."
She added:
"He couldn’t understand what the potential penalties are or … the legal system."
The judge ordered him to attend a Volusia County jail competency training program and even prescribed him psychiatric medications despite not having any mental illness. The ruling stated:
"Within 60 days or at any time the administrator or their designee from SMA determines defendant has regained competency to proceed, they shall file a report with the court pursuant to the applicable Florida Statutes and Florida Rules of Criminal Procedure."
Netizens condemn police response; Demand justice for Virgilio Aguilar Mendez
A change.org petition titled "Release Virgilio Aguilar Mendez immediately!" has garnered immense support, amassing over 246,665 signatures at the time of writing. The petition asked the question of why Mendez was being charged for the natural death of a police officer. It alleged that the deceased police officer had "unconstitutionally" triggered the search that led to his death. It stated:
"We are demanding the immediate release of Virgilio Aguilar Mendez from custody and for the charges to be dropped immediately as his constitutional and civil rights were violated by the St. John’s County Sheriff’s Office."
It further added:
"These rights protect all people within this country, regardless of immigration status. If Virgilio is convicted and sentenced to prison for this incident it will create an extremely dangerous precedent in this country."
Netizens were outraged by Virgilio Aguilar Mendez's arrest. Social media users stated that the police department should be responsible for the death of the officer and prayed for his release. Some claimed that this was a civil rights violation, while others even stated that the cop "got what he deserved." Here are a few reactions from Tizzy Ent's video about the incident:
According to the court papers, Virgilio Aguilar Mendez is a St. Augustine farmworker who crossed over to the United States illegally last year, when he was only 17, through the southern border before landing in St. Augustine.
