"Lawyer claims miscarriage of justice in case of Guatemalan suspect charged with the murder of a Florida Deputy."
In the aftermath of the tragic death of St. Johns County Deputy Michael Kunovich in May 2023, 19-year-old Virgilio Méndez, a Guatemalan resident, has been charged with his involvement in the incident.
Mendez, who does not speak English or Spanish, is currently receiving competency restoration treatment at the Volusia County Jail. A St. Johns County judge recently ruled Mendez incompetent to stand trial, a decision that has sparked debate and controversy.
The State Attorney's Office has not responded to requests for comment, while the St. Johns County Sheriff's Office and the State Attorney's Office have received a letter from Attorney Phillip Arroyo demanding the charges against Mendez be dropped. Arroyo, who is representing Mendez, has called the case "one of the greatest injustices he's ever seen."
The medical examiner's report suggests that the struggle between Mendez and Kunovich could have contributed to Kunovich's death, which was due to an irregular heartbeat. However, Arroyo argues that there is not enough evidence to prove Mendez knew about Kunovich's heart condition.
The State can dismiss the charges against Mendez, either with or without prejudice, and refile later if they choose. This could potentially lead to a lengthy legal process, with a significant proof issue and pretrial motions looming.
Shannon Schott, a partner at Plata Schott Law, emphasises the importance of affording Mendez his constitutional rights. Schott states that the case is currently on pause until it is determined if Mendez is competent to stand trial.
The case has garnered international attention, with a petition to release Mendez gaining almost half a million signatures. Senator Lilly Téllez from the state of Sonora has also weighed in, accusing the Mexican government of protecting drug cartels in a Fox News interview, although this is not directly related to the Mendez case.
As the legal process unfolds, the debate over Mendez's competency and constitutional rights continues to evolve, with many calling for justice and fairness in this complex and sensitive case.
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