"Attorney claims miscarriage of justice in the alleged homicide case involving a Guatemalan suspect in the death of a Florida Deputy"
In a highly debated case, 19-year-old Virgilio Mendez, a Guatemalan national, has been charged with the death of St. Johns County Deputy Michael Kunovich, which occurred in May 2023. Mendez currently remains in custody.
The case has garnered significant attention, with a petition in support of Mendez amassing almost half a million signatures. The petition calls for a fair trial and an investigation into potential racial profiling and violation of Mendez's constitutional rights.
Last week, a St. Johns County judge ruled that Mendez is incompetent to stand trial due to his lack of understanding of the American judicial process. As a result, Mendez is receiving competency restoration treatment at the Volusia County Jail.
Phillip Arroyo, Mendez's attorney, has been vocal about the case, calling it 'one of the greatest injustices he's ever seen.' Arroyo accuses the authorities of racial profiling and violation of Mendez's fourth, fifth, and sixth amendment bill of rights. He also intends to file a federal lawsuit, claiming police brutality and violation of Mendez's rights.
Shannon Schott, a partner at Plata Schott Law, emphasises the importance of affording Mendez his constitutional rights. She predicts that the case is on hold until it is determined if Mendez is competent. Schott also mentions the potential for a motion to dismiss the case based on the lack of evidence, or a judgment of acquittal at trial.
The medical examiner's report states that Kunovich died from an irregular heartbeat after an altercation with Mendez. Officials note that the struggle could have contributed to Kunovich's death. However, Arroyo states that there is not enough evidence to prove Mendez knew about Kunovich's heart condition.
The State Attorney's Office did not respond to a request for comment on Tuesday night. The St. Johns County Sheriff's Office has chosen not to provide statements about the case due to it being pending prosecution.
Arroyo threatens to hold those responsible for any abuse accountable. He states that if Mendez is found competent, the case could present a difficult decision for the state due to the potential evidence issues and the rights of the alleged victim's family under Marcy's Law.
It is important to note that Mendez does not speak English or Spanish, the languages officers addressed him in at the scene. This raises questions about communication and potential misunderstandings during the incident.
The state has the option to dismiss the charges against Mendez without prejudice or with prejudice, and potentially refile them later. The decision could have significant implications for both Mendez and the Kunovich family.
The case of Virgilio Mendez continues to spark debate and concern, with many calling for a fair and just resolution. As the case progresses, it is crucial to uphold the principles of justice and respect for all parties involved.
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