The State Attorney’s Office today dropped the charges against Virgilio Mendez, the 18-year-old migrant arrested last May in St. Augustine over a dubious encounter with sheriff’s deputies prompted by nothing apparent.
Mendez, who does not speak English, had been speaking with his mother by phone outside the motel where he was staying that evening when a deputy found his presence there–on the sidewalk, in front of the motel–suspicious. He frisked Mendez, who resisted, and with the assistance of four other deputies, took him down and tased him six times. A short time later, the deputy, Michael Kunovich, died of a heart attack. The medical examiner ruled the death was of natural causes due to heart disease.
Mendez was charged with resisting arrest and aggravated manslaughter. St. Johns County Sheriff Robert Hardwick publicized the charges in a theatrical news conference where he was flanked by ranks of law enforcement. Mendez has been held at the Volusia Branch jail since. The charges soon ignited public outrage, a petition that called for his release, and a series of legal maneuvers on his behalf.
At a hearing last December, Mendez was found incompetent to proceed, largely due to his intellectual disabilities, but was to remain at the Volusia jail pending a 90-day review, which was approaching. Less than three weeks ago, Jose Baez, a powerful and high-profile South Florida attorney, replaced Rosemary Peoples in representing Mendez. Peoples had done most of the heavy lifting in the case, essentially setting the table for Baez, who was representing Mendez with Orlando attorney Phil Arroyo. But there’s no question that Baez’s take-over was to St. Johns the equivalent of Pershing landing in Europe in 1917.
“Recent expert testimony regarding the defendant’s inability to comprehend the English language, his cultural background and concerns about his intellectual
capacity have raised significant issues to consider in the case,” Bryan Shorestein, the executive director at the State Attorney’s Office for the 7th Circuit, said in a written statement issued late this afternoon. “Furthermore, based on the court’s recent ruling that the defendant is incompetent to proceed based on that expert testimony, dismissal of the charges is appropriate. Arrest and time served is sufficient.”
The case had been prosecuted by Assistant State Attorney Mark Johnson. Shorestein’s wording reflects the discomfort that the State Attorney’s Office probably felt in prosecuting the case, as did Johnson’s unusually restrained approach at the December hearing: it was not a position the State Attorney’s office relished. Circuit Judge R. Lee Smith appeared no less disquieted by the case.
“There are cases that come into your life that are more causes than they are cases. This is a perfect example of what a cause, actually is,” Baez said, speaking this afternoon at a press conference at the Guatemalan-Mayan Center in Lake Worth Beach. Mendez is from a Mayan tribe in Guatemala, speaking a language known as Maam, which less than half a million people speak.
Baez described Mendez as a polite young man, “really a boy,” and “the way he had been treated was disgusting.” He described the open dialogue he had with State Attorney R.J. Larizza, on whom he lavished compliments. “However, I don’t have such kind words for the sheriff, Sheriff Hardwick,” Baez said. “I think some of the public statements that he’s made and the culture that he has created at the St John’s Sheriff’s Department are nothing less than shameful.” Baez was referring to the sheriff’s references to Mendez’s status and the profiling of that May evening, and to what he termed as the sheriff’s “lie” that Mendez was going to use a knife.
“I am a Hispanic lawyer, first and foremost as a Hispanic person,” Baez said. “To see my people being treated in such a manner, the profile treated as less than human is nothing short than disgusting. And it’s not only limited to Hispanics, it’s also limited to any and all minorities because everyone is unfortunately capable of receiving this type of discrimination, this type of treatment to the point where it becomes complicit and evil.”
He then described the events of that evening in explicit terms: “A boy had to be grabbed, thrown to the ground, placed in a chokehold, teased multiple times, corralled like an animal and then have a police officer who weighs over 200 pounds place their knee on top of his neck. One would think we’ve come a long way since George Floyd. But as you can see, nothing is further from the truth.”
Baez said the State Attorney’s Office took an objective approach to the case and realized “they couldn’t prove it. these charges are not sustainable.” Chiefly, there had been no underlying reason for Mendez’s questioning to start with. “This was a clear case of racial profiling as well as a case of outright discrimination, as well as a case where these police officers didn’t even care to try and communicate,” Baez said, noting that as far as the Sheriff’s Office in St. Johns was concerned, nothing more would be done.
Baez said he was prepared to make it “a big case,” drawing on Scott Budnick of the Anti-Recidivism Coalition (Baez described him as a “social justice champion”) and Kim Kardashian, who had helped publicize the case through social media, with others lining up. “This was going to be a community effort, a national effort, and I was going to bang that drum as loud as I possibly could,” Baez said. “We were going to ensure that the world was watching.”
It isn’t entirely clear what happens to Mendez next, other than what should have been his immediate release from the county jail. But he has a hold from federal immigration officials, which Baez and Arroyo are in the process of of filing a motion to withdraw it, since the hold is the result of the arrest in St. Johns County. With that case entirely dismissed, there is no reason for the hold. Federal authorities had released Mendez when he was 17, at the time when he crossed into the country illegally, eventually placing him with family in Alabama, and allowing him to work as long as he kept to his court dates on his refugee status.
“So there’s absolutely no reason for them to keep him or to detain him in any way shape or form. He’s not a danger to the community,” Baez said. The Guatemalan-Mayan Center, one of whose officials testified on Mendez’s behalf in December, will join Baez when Mendez is picked up from jail and will be given a place to stay and given means to get started “so we can see what happens next in his life. I think we’re all going to be a part of that.” Baez said he would not use the word “compensate,” the intention being only to “make things right.”
He dismissed the notion that Mendez would or could win a lawsuit and reap “millions.”
“Everyone thinks oh boy, he’s going to be cashing in millions. Nothing could be further from the truth,” the attorney said. “These types of cases are incredibly difficult to prosecute, to file lawsuits on. It’s not an uphill battle. It’s climbing Mount Everest.” That’s why the abuse and profiling “has to stop, because there’s no recourse.”
He said there was a language barrier with Mendez, but “there’s no barrier of the heart. And you can sense it, see it in his eyes, hear it in his voice. You don’t have to understand the words, and you know that this man is incredibly grateful.”
NOW says
Now follow the law, and deport…
Knowsalittle says
About damn time. Seems there is little common sense in Flagler anymore.
Robjr says
It took a high powered attorney to bring so sanity to this ill advised prosecution.
Attorney Baez comments are spot on.
Baez said. “To see my people being treated in such a manner, the profile treated as less than human is nothing short than disgusting. And it’s not only limited to Hispanics, it’s also limited to any and all minorities because everyone is unfortunately capable of receiving this type of discrimination, this type of treatment to the point where it becomes complicit and evil.”
Steve says
The fact that LEO tried to pin this on the young man he should sue until the cows come home
Pat Stote says
Justice was served in St John’s County today
Thank you Jose Biaz defending Virgilio Mendez and finally setting this young man free from this unbelievable experience and time in jail.
It is outrageous that some law enforcement officers get carried away with their power. Thankfully most are not like the ones involved in the arrest and injustice that was done to this young man.
God bless Virgilio hopefully he’ll find a place in our beautiful country and will have faith in our justice system.
Pogo says
@God bless Virgilio
100%
And bless you, and Mr. Tristam, and every decent word about this matter from every decent human being.
Pat Stote says
Really! You have no compassion for this young man and what he went through. How sad.
Deborah Coffey says
No. They have no compassion at all because they are consumed with fear.
Bob says
Bring more illegals in to destroy and bring havoc and killings to America the blood is on bidens hands stop justifying your lies communists
Skibum says
As a retired, career law enforcement professional, it pains me to have to say this, but here goes. For someone who has been in law enforcement for many years and has risen to the top of his career as the elected St. Johns County Sheriff, Hardwick damn well knows, or at least SHOULD know that it is never appropriate to rush to judgement. That is especially true when you know your investigators don’t yet have all of the facts. Despite knowing this very basic tenet of what is commonly referred to as “Investigations 101”, this sheriff and his investigators have publicly humiliated themselves by their rush to judgement, knowing full well there were missing facts that needed to come from the medical examiner’s autopsy report. There is a saying that goes something like “It takes a lifetime to build a reputation, and only a few minutes to destroy it”. Well, congratulations Sheriff Hardwick, on destroying not only your professional reputation, but also baring wide open the racist, unprofessional and unethical assumptions of your law enforcement agency that will now be looked at by many in your community, especially minorities, as being prejudicial, unethical, and not adhering to professional standards of law enforcement. After Hardwick stood in front of TV cameras early on in the hours after the death of his sergeant who was involved in the arrest of that young migrant who was merely standing on the sidewalk and not committing any crime, Hardwick verbally attacked the suspect and accused him of being responsible for his deputy’s death without any justification or evidence showing that was the case. I think it would be appropriate for Hardwick to now go on live TV and offer an apology to that migrant, with a pledge to offer his entire agency an in-depth, mandatory training class on respect and the ethical responsibilities when dealing with people of other cultures. Hardwick would need to ensure HE attended such a training class himself. Although there is always hope, I won’t hold my breath hoping the culture of the St. Johns County Sheriff’s Office changes anytime soon.
Again says
Please dont tell me you’re surprised Pat, this is the swamp after all…
Sherry says
Thank you Pat! Couldn’t agree more!
Sorry not sorry says
He should be deported because of the letter of the law. The title of this article is misleading and excluded the fact of him dying due to a heart attack. This context is vital sad to see such click bait and sensationalism yet again from flagerlive no shocker there.
john stove says
Based on what?….Is he an illegal alien?….The article says he is a “Migrant” which implies he is a seasonal worker, which to be a seasonal migrant worker means that he has the necessary permits to be in this country and legally work.
Which law are you referring to?…..can you please cite the statute?
Sherry says
@bob. . . not to confuse you with actual facts, but the amount of violent crime in migrant populations is significantly less than in our general population. OK, you can go and cower back under your bed now. Be sure to take your gun and phone with you.
BTW . . .Thanks for the evidence that hate filled xenophobia and racism still exists in the USA.
Ed P says
John,
According to multiple sources, yes he is illegal and is currently facing deportation.
He is still in custody.
The dude says
For those who actually pay attention… the vast majority of any “havoc and killings” that go on in central Floriduh are perpetrated by good old home grown murican trash.
The VAST majority.
Please stop running in terror from your own shadows and yelling at the clouds… it does nothing to help this situation.
Sherry says
sirrynotsorry. . . You don’t like award winning Flaglerlive? Please go back to your usual news sources, we won’t miss your comments here at all. Thanks!
FlaglerLive says
Second paragraph: “A short time later, the deputy, Michael Kunovich, died of a heart attack. The medical examiner ruled the death was of natural causes due to heart disease.” The commenter is also inaccurate: if the letter of the law were applied, Mendez would not have been arrested in the first place, nor is he eligible for deportation, as he was awaiting a court hearing on his refugee status.
john stove says
“Multiple Sources”?…..can you name one?
Sherry says
@sorrynotsorry. . . and, we “still thinking” readers of wonderful, accurate Flaglerlive know that your usual news sources are probably FOX entertainment (spreader of misinformation, fear and hate) and Newsmax. . . or maybe Joe Rogan = all BS hate mongers.
Sherry says
@sorrynotsorry. . . apparently you don’t bother to read anything beyond the headlines. . . maybe you should go just a touch deeper with that vast education of yours.
Atwp says
Thank God the charges were dismissed.
Ed P says
No I will name several. First coast news, the Florida times-union, abc news, New York Post, action newjax.com. St. John’s sheriff and even ICE.
Just because liberal news outlets refuse to use the word illegal alien and references them as migrants, undocumented, unauthorized, without papers doesn’t change the fact that the millions pouring over our borders can not all qualify for asylum.
Steve says
Hope he gets millions in a settlement and moves next door to you
MeToo says
Think about that “migrant” and the $$ his is paying into our taxes and ss that he will probably never be around to collect on. You people have it all wrong.