ST. JOHNS COUNTY, Fla. – A Guatemalan migrant who is accused of fighting with sheriff’s deputies, which ultimately led to the fatal heart attack of a sergeant, is now filing a federal lawsuit against the deceased sergeant’s estate, two additional sheriff’s personnel, and the county, alleging he was the victim in the encounter since he doesn’t communicate well in English or Spanish.
Sgt. Michael Kunovich of the St. Johns County Sheriff’s Office died as a result of the May 2023 confrontation with Virgilio Aguilar Mendez, 19, who was later charged with aggravated manslaughter, Fox News Digital reported.
Lawyers representing Aguilar Mendez filed a federal civil rights lawsuit Thursday, seeking compensatory damages from the incident as they claim the sheriff’s personnel violated Mendez’s civil rights.
The Officer Down Memorial Page offered the following details:
Sergeant Michael Kunovich suffered a fatal heart attack following a violent struggle with a man in the 2500 block of State Road 16 in St. Augustine.
The man was sitting in the dark outside of a closed business when Sergeant Kunovich approached him at about 9:00 pm. When Sergeant Kunovich attempted to pat the man down for weapons, the subject attempted to flee. Sergeant Kunovich and other deputies struggled with the subject for over six minutes, during which the man attempted to disarm him of his taser. After the man was placed in handcuffs, he was able to access a pocket knife which had to be forcibly removed from his hands.
Sergeant Kunovich collapsed moments after the man was put in custody.
The man was charged with resisting violence and aggravated manslaughter.
Sergeant Kunovich had served with the St. Johns County Sheriff’s Office for 25 years. He is survived by his two sons, mother, stepfather, two sisters, and a brother.
The lawsuit accuses Sgt. Michael Kunovich, Lt. Jose Jimenez, another deputy, and the St. Johns County Sheriff’s Office of mistreating Aguilar Mendez with multiple violations of the Americans with Disabilities Act (ADA), the Florida Times-Union reported.
The attorneys specifically claim in the civil action that Aguilar Mendez’s limited ability to speak or understand English and Spanish constituted a disability.
The ADA describes physical or mental impairments that limit one or more major life activities, yet it does not specify all impairments that are covered.
The St. Johns County Sheriff’s Office said they have not yet been served with the lawsuit.
