Murder charge amended in death of St. Johns sheriff's officer; competency review requested
A murder charge against the young man arrested in the death of a St. Johns County deputy while resisting law enforcement has been amended to aggravated manslaughter of an officer, according to court records.
Tuesday's filing comes a few days after 18-year-old Vergilio Aguilar Mendez's attorney requested a competency review to determine if he can go to trial.
Assistant Public Defender Rosemarie Peoples filed the "suggestion of mental incompetence to stand trial" on July 21 asking the judge to order an evaluation by a mental health doctor for 18-year-old Vergilio Aguilar Mendez. She cited the following reasons:
Defendant cannot aid in the preparation of his defense.
Defendant does not appear to appreciate the nature of the charge against him or the range and nature of possible penalties.
Defendant does not appear to understand the adversary nature of the legal process and does not appear to understand the role of the undersigned assistant public defender.
The client has a significant deficit in his understanding of the legal system.
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On Tuesday, Aguilar Mendez's arraignment was scheduled for Aug. 28 on the amended charge in addition to resisting an officer with violence. His initial charge was murder while engaged in resisting an officer with violence. The reduced charge is punishable by a maximum 30 years in prison, a State Attorney's Office spokesman said. Aguilar Mendez, who remains in jail without bail, could have faced a life sentence if convicted of murder.
The 18-year-old, who is listed as a homeless migrant worker on his jail sheet, said he resisted being patted down outside a motel and tried to get away because he feared being deported back to Guatemala, according to his arrest report. Sgt. Michael Paul Kunovich, 52, suffered medical distress during the struggle and collapsed.
The court filing on the aggravated manslaughter charge specifies the defendant "did unlawfully, through culpable negligence or in an intentional act, cause the death" of the officer while performing his duties.
"This case was discussed by our executive staff, as well as the individual prosecutors who be handling it," said Bryan Shorstein, spokesman for the 7th Judicial Circuit State Attorney’s Office. "After a review of the totality of circumstances, all facts and evidence, and in consultation with both our law enforcement partners and the victim’s family, aggravated manslaughter of a police officer was the appropriate and just decision."
What happened that night
The confrontation began about 9 p.m. on May 19 when Kunovich saw the young man in the Super 8 motel parking lot on Florida 16 in St. Augustine, according to the report. Kunovich determined it was suspicious and that he might be trespassing, the Sheriff's Office said.
Based on footage from his body-worn camera, once Aguilar Mendez notices his patrol vehicle approaching, he starts to walk away. When the sergeant contacts him and attempts to pat him down, he pulls away and starts to flee, according to the arrest document.
He tells the officer he does not speak English. A struggle ensues and he ignores verbal commands, the arrest report said. Another deputy arrives, but the 18-year-old continues resisting. Kunovich uses his taser at least three times, but Aguilar Mendez continues to resist.
While fighting on the ground with Kunovich and deputies, Aguilar Mendez is then accused of grabbing the taser. They get him cuffed, but he still retrieves a folding pocket knife from his shorts pockets, according to the report. He refuses to drop it, so they forcefully disarm him. That’s when Kunovich collapses and did not survive lifesaving measures.
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The physical struggle last about 6 minutes, the Sheriff's Office previously said.
Sheriff Robert Hardwick said the sergeant did everything by the book and "All the suspect had to do was comply."
What is the process for prosecuting suspects living here illegally?
"In general, ICE does not begin the deportation process while there are active, pending criminal charges," according to Tammy Spicer, public affairs officer for the agency.
Aguilar Mendez must go through the court proceedings like any other defendant. Once his charges are resolved and any potential sentence is satisfied, the immigration proceedings can begin.
This article originally appeared on Florida Times-Union: Murder charged amended for Aguilar Mendez in St. Johns deputy's death
