this post was submitted on 29 Jan 2024
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An officer died of a heart attack while attacking Virgilio Aguilar Méndez; now Aguilar Méndez is facing murder charges.

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[–] FlyingSquid@lemmy.world 169 points 10 months ago (11 children)

Fucking ridiculous. The kid didn't speak English. He didn't even speak Spanish. He was an Indigenous Mayan from Guatemala that only spoke a Mayan dialect. And this asshole cop decides to start searching him even though this poor teenager had no idea what was going on because of a lack of communication. The kid resists, the cop and two other cops knock him down, put him in a choke hold and taser him six times, then cuff him and put him in a squad car. At that point, the cop has a heart attack and keels over. Not during the struggle, but after the kid was choked, tasered, cuffed and put in a car. And yet the kid is facing murder charges.

[–] alquicksilver@lemmy.world 68 points 10 months ago (8 children)

I don't even understand how this could qualify for felony murder (which is what I'm assuming they're going for; the article only somewhat talked about the charges), since it was natural causes and not homicide. Sure, you've got an argument for the first element of resisting an officer with violence, but the second element isn't met; no one was killed.

Fucking bass ackwards Florida.

[–] Death_Equity@lemmy.world 9 points 10 months ago (1 children)

In some states you can be charged for the death of someone during the commission of a felony. It is meant to be used for something like you and three people rob a bank and one of your crew shoots a guard. Even though you didn't pull the trigger, you catch the charge.

You can be charged with a felony resisting arrest if the cop is hurt while arresting you. So they are trying to extend it to the cop having a heart attack due to the strain he exerted while the guy was resisting arrest.

Bullshit application of the law, cop was being a dick, kid shouldn't have been here but didn't deserve none of this.

[–] ExLisper@linux.community 4 points 10 months ago

It is meant to be used for something like you and three people rob a bank and one of your crew shoots a guard.

It's worse than that. You can be charged with murder for borrowing a car to those three, even if you didn't took part in the robbery.

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