Virgilio Aguilar Mendez, the Guatemalan migrant who had been wrongfully arrested outside his motel in St. Johns County last May and charged with manslaughter after the sudden death by heart attack of his arresting deputy, is to be released from federal custody on an immigration bond this week. On Tuesday, one of his attorneys filed an amended federal lawsuit accusing St. Johns County Sheriff Robert Hardwick of violating Mendez’s civil rights.
The 11-count lawsuit filed in the Middle District of Florida in Orlando by Phillip Arroyo of the Arroyo Law Firm claims several of Mendez’s constitutional rights were violated, including his Fourth and Fourteenth Amendment rights, through false arrest and imprisonment, excessive use of force (he was tased six times and held in a chokehold against sheriff’s office policy), the sheriff’s “abuse of process” and “intentional infliction of emotional distress.”
“Let it be known that Sherriff Hardwick, St. John County and every individual and or entity that was involved in the abuse and injustice Mr. Aguilar Mendez had to endure for the past eight months will be held accountable in a federal court of law for the violation of our client’s civil rights,” Arroyo said in a statement, “which, contrary to the belief of many, protects undocumented immigrants as well.”
Mendez, a Guatemalan Mayan who only speaks Mam, a rare language spoken by half a million people, was 17 when he crossed into the United States from Mexico in December 2021. Customs and Border Patrol designated him an “unaccompanied alien child” and had him placed in a group home-type facility before his release to a family member in Alabama pending the disposition of his immigration case, which may include, but does not necessarily lead to, deportation: Mendez may be eligible for asylum. His immigration case is administrative, not criminal.
He has a government-issued identification document he may use to register for school and apply for work authorization. He must also attend all his court hearings. The case is pending in Atlanta, with a scheduled hearing date of July 8. He has no deportation order against him. He found agricultural work in St. Johns County.
He was speaking to his mother by phone outside the Super 8 motel where he was staying when St. Johns County Sheriff’s Deputy Sheriff’s deputy Michael Kunovich stopped him, tried to interrogate him across the language barrier, failed, frisked him then, with other deputies, tased and forcefully subdued him as an uncomprehending Mendez resisted. After Mendez was arrested for no apparent suspicion other than the color of his skin (his attorney charges he was profiled), the sergeant collapsed and later died at the hospital of what the medical examiner ruled were natural causes and advanced heart disease. Mendez was charged with manslaughter of a law enforcement officer, a felony murder charge with a maximum penalty of life in prison.
His public defender at the time, Rosemary peoples, argued successfully that Mendez was not competent to stand trial. Arroyo was representing him on the civil side, and building up public awareness about the case, which drew outrage from celebrities, a “Release Virgilio Aguilar Mendez” that drew over 600,000 signatures, and other condemnations. (See: “A Poisoned Tree Grows in St. Augustine.”)
Mendez was held at the Volusia Branch jail for 288 days before state charges against him were dropped on March 1, soon after High-Profile Attorney Jose Baez took over the criminal case. Mendez was immediately released from the county jail but was transferred to federal custody pending a determination on a federal hold that had been issued subsequent to the arrest in St. Johns County. Since the St. Johns case became moot, so did the federal hold. Immigration attorney Henry Lim secured Mendez’s release on bond. The state prosecution had argued that even if Mendez were released from the Volusia jail, he would face incarceration on the federal side. That has proved not to be the case.
The Guatemalan-Mayan Center in Lake Worth Beach is coordinating Mendez’s follow-up care. Arroyo, who is pursuing the federal civil case, called Tuesday’s release “another significant victory” in a release issued by his law firm.
The 46-page lawsuit names Hardwick, Kunovich’s estate and two other deputies who were at the scene of the May arrest, Gavin Higgins and George Montgomery. As had Peoples–the public defender–before him, Arroyo’s complaint is sharply critical of Hardwick’s mischaracterization of the events surrounding the arrest, including th sheriff’s claim that Kunovich had acted because Mendez was “trespassing.” In fact, Mendez was on a sidewalk on Super 8 property, next to an abandoned building that belongs to the hotel. The building was locked up, with no sign forbidding anyone from being on the sidewalk. There were no (no trespassing” signs–there couldn’t be: the sidewalk is part of the motel’s access.
“Sheriff Hardwick viewed the bodycam footage before May 24, 2023, which plainly reveals that Sgt. Kunovich knew that he had zero reasonable suspicion
to stop Aguilar Mendez,” the complaint states, “yet on May 25, 2023, Sheriff Hardwick proceeded to blatantly deceive the public in a press conference on the so-called reasonable suspicion with false assertions about ‘trespassing,’ all in an effort to cover up the unconstitutional search and seizure by Sgt. Kunovich.”
Aguilar’s lawsuit notes that the federal action may only be one among others, with a lawsuit against the Sheriff’s Office in state court, seeking monetary damages, possible.
Gary says
Sounds like and smells like liberal judge. The poor migrant. Send them home they don’t belong here. JO and the Ho are total phoineys they have to go now !!!!!
Ray W. says
You might be wrong on the issue of who appointed the hearing magistrate. Of course, you might be right. Irregardless of your position, it also might be that the bond was granted because the law required the granting of a bond under the facts.
Something tells me that you wish to engage in rumormongering without taking the time to engage in the intellectual rigor necessary to accurately inform FlaglerLive readers on relevant issues. As my mother used to say, you might just be talking to hear your head roar, nothing more.
Just out of curiosity, why would anyone want to deport someone who lawfully entered the country? There is ample reporting on the issue of his request for asylum. Mr. Mendez presented to the appropriate authorities upon entry into the country and applied for asylum. He received authorization to enter the country, and eventually received a document that authorized him to work here, pursuant to law. He found legitimate employment in St. Johns County. He has an asylum hearing date. The State dropped the charges. Why wouldn’t he get a bond?
Buck says
You sound like a real Class Act!!
Maryanne says
He is an illegal, it’s time to start deporting these people. What happened to the DeSantis law concerning illegal aliens on Florida?
Deborah Coffey says
No, he isn’t illegal. Read up on the facts, please.
Deborah Coffey says
Good. This was always a “show.”
JimboXYZ says
What a mess this was & is going to become.
endangered species says
cops abuse their power every day. Especially around minorities, who holds them accountable? No one. Remember when they murdered george floyd and pretended he died in ambulance on the way to hospital? Would have never been on tv if George’s friends didnt record the public murder.
Kevin says
Ok so let me get this straight. Somebody who isn’t an actual U.S. citizen is having his “constitutional rights” infringed upon, again even though HE’S NOT A U.S. CITIZEN? I’m not saying him being arrested due to a cop just lumping him into a certain category wasn’t wrong. But how are you going to say your rights were violated when technically you shouldn’t be afforded those rights.
FlaglerLive says
On US soil, US laws, including the Constitution, apply regardless of circumstances, regardless of persons involved: it’s never up to law enforcement officers to decide when the law applies and when it doesn’t. There are rare exceptions, as when diplomatic immunity shields certain diplomats from the enforcement of certain laws
Tammy Costa says
how can he even file a suite???!!! He is an illegal. thanks Biden. JA
Nancy N. says
He’s not “illegal”. He is currently going through the legal process to request asylum and has legal working papers while awaiting his court date. Instead of saying “thanks Biden” maybe you should be thanking the St John’s sheriff deputies for this. It’s their egregious violation of basic rights that will cost the taxpayers the inevitable settlement money.
Ed P says
Nancy and Deborah,
Just because he is applying for asylum makes him legal?
That’s parsing the issue. He crossed the border illegally.
Most illegals looking for economic refugee or seeking a better life means nothing in the asylum process. Only about 5 percent of illegals will actually qualify for asylum.
The law is clear, they must be expelled. The only exceptions are migrants fleeing torture or racial, religious, ethnic, political, or social-group persecution. Just saying so is not good enough.
He is still an illegal and all the liberal gibberish trying to justify your position flys in the face of the law.
protonbeam says
Sooo – he doesn’t understand anything and speaks a rare dialect – that was the reason for dropping charges, etc – but miraculously he now understands enough to sue his “host country and neighbors” who took him in…..riiiiggghhhhtttt….. and you wonder why people are fed up with illegals
Nancy N. says
Apparently you’ve never heard of an interpreter? One of whom didn’t happen to be around at them moment when the cops decided to beat him up and arrest him for not understanding them?
Also, someone who is taking part in the entirely legal asylum process is not “illegal”. He has working papers and a court date to have his request heard. He is legally allowed to be here while that process proceeds.
But don’t let the facts get in the way of your bigotry.
Robert St. Augustine says
This kid did NOTHING wrong. Overzealous cops are the problem. Enjoy your freedom Virgilio.
Pogo says
@God bless you, and Nancy N.
Cleaning up after the Rightling Brothers’ Circus & Sideshow is never done.
Related
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes
https://quoteinvestigator.com/2014/07/13/truth/
Sherry Epley says
Bigots. . . Protonbeam, edp, kevin and tammy costa. . . Please do not let our LAWS and actual FACTS get in the way of your xenophobia, fear and hate. . . which, by the way, is rotting you from the inside. Just continue to have an indoctrinated, ignorant life. . . so sad.
Ed P says
My dearest Sherry,
Please look up above 5-6 posts to see my reply to Nancy and Deborah.
Those are the facts and the law.
You are simply name calling and using deflection instead of researching and looking for the truth. You can’t handle the truth(Jack Nicholson)
Your lack of intellectual honesty is boorish. And I’m being kind with my assessment.
I stand by my post.