Mendez was apprehended in May 2023 after an encounter with law enforcement officers resulted in the fatal heart attack of one deputy during the struggle to detain him. The officer, Sgt. Michael Kunovich, a 25-year veteran of the St. Johns County Sheriff's Office in St. Augustine, Florida, collapsed amidst the turmoil.
The 7th District State Attorney's Office, considering Mendez's language barrier and his status as a farmworker, declared him 'incompetent' to stand trial. Consequently, the charges against him were dismissed. This incident comes amidst a surge in crimes allegedly committed by migrants, as hundreds of thousands of individuals continue to cross the border illegally each month.
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Phillip Arroyo, Mendez's attorney, released a video of the teenager walking free, nodding and smiling as they exited the police facility together. The state attorney's office, in a statement regarding his release, said, "Recent expert testimony regarding the defendant's inability to comprehend the English language, his cultural background, and concerns about his intellectual capacity have raised significant issues to consider in the case."
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The statement further read, "Furthermore, based on the court's recent ruling that the defendant is incompetent to proceed based on that expert testimony, dismissal of the charges is appropriate. Arrest and time served is sufficient."
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Mendez was initially arrested in May of the previous year after Kunovich approached him due to 'suspicious behavior,' as stated in an arrest warrant. Mendez, a Guatemalan national who does not speak English, attempted to walk away from the officer, leading to a struggle.
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Body camera footage of the arrest shows Mendez interacting with the officer, seemingly indicating his lack of understanding, before slowly moving away. Officers then forced him to the ground, placed him in a chokehold, and repeatedly used a taser against him.
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Arroyo informed ABC News that Kunovich suffered a heart attack and died minutes after the incident. An autopsy report concluded that Kunovich died of natural causes, as he was suffering from severe heart disease that triggered the heart attack. The disease may have been caused by heart and lung deterioration due to smoking.
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DailyMail.com has reached out to Arroyo for additional details on why Mendez was approached by the police and his future plans.
According to figures from the CBP, approximately 2,045,838 people illegally crossed the southern border into the US last year. These figures are anticipated to increase this year, while the northern border with Canada is also experiencing an unprecedented crisis. Illegal crossings from Canada into the US surged 500 percent to 10,021 last year compared with 2022.
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