Unarmed Guatemalan Farmworker Arrested for Trespassing Dies in Police Custody – Victim Named Vergilio Aguilar Mendez

By | December 27, 2023

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Accident – Death – Obituary News : On May 19, 2021, a disturbing incident unfolded outside a Super 8 hotel in Florida, involving Vergilio Aguilar Mendez, an 18-year-old farmworker from Guatemala, and Sgt. Michael Kunovich of the St. Johns County Sheriff’s Office. The encounter, captured on body camera footage and shared with NBC News, has sparked controversy and raised questions about police brutality and the appropriate use of force.

The incident began when Sgt. Kunovich approached Aguilar outside the hotel and ordered him to stop. Confused and unable to communicate effectively in English, Aguilar gestured toward his hotel and tried to convey that he was there for basic necessities like food and drinks. Sgt. Kunovich, suspecting Aguilar might be armed, proceeded to pat him down. Aguilar, feeling overwhelmed and frightened, tried to resist the officer’s actions.

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What followed was a violent struggle as Sgt. Kunovich called for backup and two more officers joined the scene. The body camera footage shows officers using various tactics, including knee strikes to Aguilar’s torso, twisting his arms, and deploying a Taser multiple times. Throughout the ordeal, Aguilar can be heard screaming in pain and repeatedly apologizing, while also expressing his desire to see his family.

The St. Johns County Sheriff’s Office has defended the officers’ actions, describing the arrest as “by the book” and claiming that Aguilar’s resistance led to Sgt. Kunovich suffering a fatal heart attack shortly after the arrest. As a result, Aguilar is now facing charges of aggravated manslaughter of an officer and resisting an officer with violence.

However, Phillip Arroyo, an attorney hired by Aguilar’s family, has raised serious concerns about police brutality in this case. Arroyo argues that Sgt. Kunovich’s initial approach was aggressive and unlike the standard procedure for questioning suspects. He believes that the officer’s actions constituted a violation of Aguilar’s Fourth Amendment rights and ultimately led to the tragic outcome.

Arroyo also highlights the language barrier and cultural differences that likely contributed to the confusion and escalation of the situation. Aguilar, who speaks Mam, an indigenous language from Guatemala, has a limited understanding of English, making it difficult for him to comprehend the officers’ commands and respond appropriately.

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During a hearing on Aguilar’s mental competency, witnesses testified that he has a sixth-grade education and struggles to understand the legal proceedings against him. This further emphasizes the need for careful consideration and proper communication when dealing with individuals who may not fully comprehend the situation.

While the St. Johns Sheriff’s Department and the state attorney’s office have not responded to NBC News’ requests for comment, it is crucial that a thorough investigation takes place to determine the facts surrounding this incident. The medical examiner’s report, which attributed Sgt. Kunovich’s death to natural causes, also mentioned the physical exertion and possible emotional stress experienced during the arrest as contributing factors.

As this case progresses, it is essential to ensure that justice is served and that any potential misconduct or abuse of power is thoroughly addressed. The body camera footage and witness testimonies provide valuable evidence that should be carefully evaluated to determine the appropriate course of action.

In a nation grappling with issues of police accountability and excessive use of force, incidents like these serve as a reminder of the importance of transparency, training, and cultural sensitivity within law enforcement agencies. The outcome of this case will undoubtedly have significant implications, not only for Aguilar and his family but also for the broader conversation surrounding police conduct and the protection of civil rights..