ST. AUGUSTINE, Fla. — Sgt. Michael Kunovich, who died after an altercation with a suspect last year, died due to a heart condition and exertion, according to an autopsy released by the St. Johns County Medical Examiner said.
In May 2023, Sgt. Kunovich collapsed and died after a struggle with Verjilio Aguilar Mendez outside a Super 8 Motel in St. Augustine.
The autopsy said manner of death was "natural" and the contributory cause of death was "physical exertion and possible emotional stress while apprehending a fleeing suspect." Kunovich suffered from atherosclerotic and hypertensive cardiovascular disease, the report said.
The cardiac conditions were described as predating the struggle with Aguilar Mendez and "the circumstances do not fully meet the criteria for a homicide manner of death."
Investigators say Sgt. Kunovich requested back up in regard to a "suspicious person" outside the Super 8 Motel. According to investigators, Sgt. Kunovich tells Mendez to "Stop." Sgt. Kunovich starts to question Mendez, who said he didn't speak English at least twice.
The sheriff's office maintains the questioning was legal.
Almost two minutes into the questioning, Sgt. Kunovich tried to pat Mendez down for weapons, but Mendez reached for his left shorts pocket. A nearly 5-minute struggle ensued and it took several deputies to get handcuffs on Mendez.
Kunovich collapsed after Mendez was placed in handcuffs by another officer. It was revealed Mendez had been holding a knife — however, this was discovered after he was handcuffed by another officer and Kunovich was no longer engaging. Mendez's legal team said the knife was for cutting melons at Mendez's job.
The state attorney's office has charged Mendez with aggravated manslaughter of an officer and resisting an officer with violence, both felony charges. He initially faced a murder charge, which was lessened.
According to the incident report, Mendez is a migrant worker from Guatemala and told police he was previously in immigration custody for six months.
Mendez's case temporarily stalled, because he does not speak English or Spanish, and does not understand the American legal system. He was ruled "incompetent" on Dec. 29 and ordered to participate in competency training — which he will have to receive in jail. The filing says it is impossible to know if Mendez will benefit from competency training.
In a new motion filed Jan. 29, Assistant Public Defender Rosemarie Peoples said there is not enough evidence to charge Mendez with manslaughter. She cited previous similar cases, noting that charges were dropped for those defendants.
His attorney have asked for the charges to be dropped.