A lawyer for a man accused of resisting arrest that led to the death of a St. Johns County delegate has filed a motion suggesting his client is incompetent to stand trial.
Virgilio Aguilar-Mendes is be arrested and charged with resisting arrest for assault and felony murder After a scuffle between him and Sgt. Michael Kunovich had his lieutenant collapsed to death.
Aguilar Mendez is accused of trespassing into a permanently closed store off Route 16 in St. Augustine when Knovic tried to detain him.
The motion, filed by Aiden Futch’s former attorney, Rosemary Peoples, asks the court to “issue an order for examination of the defendant” to determine the defendant’s “mental capacity to stand trial.”
The motion continues to argue that Aguilar-Méndez cannot “help prepare a defense” and cannot under the “legal system.”
Chris Fohlgutter, an attorney who was not involved in the case, said that once such allegations are filed, they must be addressed before proceeding with the case, which could take weeks or months and could result in delays.
“According to the lawyer, he doesn’t seem to be good at communicating with these important clients,” Fohlgatter said.
He said it’s standard for lawyers to file this complaint if they think there’s something wrong with their client.
“Normally, assuming you can see an expert within two, three, four weeks, it’s not much of a delay, but it usually takes two to three months for the expert to complete the report and evaluation, and then for the judge to hear which expert’s opinion is correct,” Folgatter said.
Fallgutter said the case would not be dropped if a judge found Aguilar Mendez incompetent. The boy will be remanded for treatment, with the ultimate goal of being prosecuted.
https://www.news4jax.com/news/local/2023/07/24/competency-motion-filed-for-man-charged-with-felony-murder-in-connection-to-st-johns-county-deputy-death/ Eligibility application filed for man charged with felony murder in connection with death of St. Johns County Deputy Chief