An illegal alien, accused of causing St. Johns County, Florida, sheriff’s office Sgt. Michael Kunovich’s death, has filed a federal civil rights lawsuit claiming his limited English-speaking skills make him disabled.
As Breitbart News reported, 19-year-old illegal alien Virgilio Aguilar-Mendez of Guatemala was arrested in May 2023 and has been charged with resisting an officer with violence and manslaughter in connection with Kunovich’s death.
This week, Aguilar-Mendez’s defense attorneys filed a federal civil rights lawsuit against Kunovich’s estate, Lt. Jose Jimenez, who also responded to the incident, and St. Johns County, claiming that their client is disabled because he does not speak English or Spanish and was thus denied his rights under the “Americans with Disabilities Act” and the “Rehabilitation Act.”
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The Florida Times-Union reports:
Aguilar Mendez’s native language is Mam, not Spanish or English, according to the filing. His limited understanding of English and Spanish is his disability, and he was denied an interpreter at the scene and at the Sheriff’s Office to allow him to understand his Miranda rights before Jimenez interrogated him. [Emphasis added]
The lawsuit does not note that Jimenez questioned him in Spanish, which is referenced in arrest documents, but states Mam “translation into other languages, such as Spanish or English, can take on a different structure.” [Emphasis added]
Aguilar-Mendez’s attorneys have said he is a victim of racism and police brutality at the hands of Kunovich.
“Mr. Virgilio was a victim of police brutality. He was a victim of racial profiling,” his attorney said. “He was a victim of violation of his fourth, fifth, and sixth amendment constitutional rights. Those who are responsible for this abuse will be held accountable.”
According to police, on May 19, Kunovich lawfully attempted to pat down Aguilar-Mendez while he was sitting outside of a closed business. Aguilar-Mendez, instead of complying, tried to flee from Kunovich.
When other officers got involved, Aguilar-Mendez continued resisting. Eventually, Kunovich was on the ground in a struggle with Aguilar-Mendez, who attempted to grab the officer’s taser off his person. The struggle lasted for more than six minutes.
Afterward, Aguilar-Mendez was handcuffed but pulled out a pocketknife, which was quickly taken from him. Following the struggle with Aguilar-Mendez, Kunovich collapsed on the ground. First responders administered lifesaving measures, but he was pronounced dead after being rushed to a nearby hospital.
Aguilar-Mendez is an illegal alien from Guatemala. He arrived at the United States-Mexico border in 2023 and was subsequently released into the United States. According to his attorney, Aguilar-Mendez had been working on a farm and sending money back to Guatemala.
John Binder is a reporter for Breitbart News. Email him at [email protected]. Follow him on Twitter here.
