ST. JOHNS COUNTY, Fla. – Last week, the lawyer for a man accused of resisting arrest that led to the death of a St. Johns County deputy filed a motion suggesting her client is not competent to stand trial. On Tuesday, the State Attorney’s Office filed amended charges of aggravated manslaughter of a law officer and resisting with violence against for Virjilio Aguilar-Mendez.
Aguilar-Mendez was originally arrested and charged with resisting arrest with violence and felony murder after a struggle between him and Sgt. Michael Kunovich caused the deputy to collapse and die.
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Aguilar-Mendez was accused of trespassing at a permanently closed business off State Road 16 in St. Augustine when Kunovich tried to detain him.
The motion filed by Rosemarie Peoples, who was Aiden Fucci’s attorney as well, asks the court to “issue an order for Defendant to be examined” to determine his “mental competence to stand trial.”
The motion continues to say Aguilar-Mendez cannot “aid in the preparation of his defense” and doesn’t under the “legal system.”
Attorney Chris Fallgatter, who is not affiliated with this case, said once a motion like this is filed, it has to be dealt with before the case can move forward, which could take a few weeks or a few months to process -- potentially causing a delay.
“According to what the lawyer is saying that lawyer is not having any luck with having those types of important client communications,” Fallgatter said.
He says a lawyer filing this motion is standard if they think something is wrong with their client.
“Assuming you can get him in to see an expert in two, three four weeks normally doesn’t push it back too much, but you’re going to be looking at generally a couple of months before the experts can complete the reports get and evaluation and then the judge has a hearing on which expert opinion is the correct one,” Fallgatter said.
Fallgatter said if a judge rules that Aguilar Mendez is not competent, the case won’t be dropped. The teen will be remanded for treatment with the goal being eventual prosecution.
An arraignment date has been set for Aug. 28.