HIV-positive man sentenced 35 years for spitting at officer - Page 2

Kandahar · 05-15-08, 11:49 PM

This is absurd. As others have mentioned, it is IMPOSSIBLE to get HIV from someone's saliva. You'd have to swallow gallons upon gallons of their spit.

Quote:

Originally Posted by MC.no.spin

He was trying to give him AIDS, which obviously can be fatal.

A) What makes you think he was trying to give him AIDS?
B) Something that might possibly kill someone 20 years from now doesn't qualify as a "deadly weapon" IMO, even if that was his goal.
C) Even if he believed it was possible (which there's no reason to think he did), that is not sufficient IMO. I think that such a belief needs to be (or should need to be) reasonable. I mean, if I persuade you to eat a hamburger because I want you to get mad cow disease, should I be charged with attempted murder?

RightinNYC · 05-15-08, 11:50 PM

Quote:

Originally Posted by MC.no.spin

He was trying to give him AIDS, which obviously can be fatal.

Incidentally, if a person with AIDS has sex with another person without notifying them of the disease, do they get 35 years in prison, too?

If they did so intentionally, it's attempted (or actual) murder.

Kandahar · 05-15-08, 11:50 PM

Quote:

Originally Posted by RightinNYC

I'm assuming that was shown in the actual trial. People with HIV don't generally spit into someone's mouth for no apparent reason.

Trying to give him HIV isn't the only reason he might do that. Maybe he knew damn well that he couldn't transmit HIV that way, but he wanted to scare the **** out of the cop who might not know that.

FallingPianos · 05-15-08, 11:52 PM

Quote:

Originally Posted by MC.no.spin

He was trying to give him AIDS, which obviously can be fatal.

according to what? maybe he spit at the officer because he was drunk and pissed that he was being arrested for it.

Quote:

Originally Posted by MC.no.spin

Incidentally, if a person with AIDS has sex with another person without notifying them of the disease, do they get 35 years in prison, too?

I think it would be wrong to have sex with someone without telling them your HIV status, but unless you actually lied about it, I don't think the government should get involved.

Kandahar · 05-15-08, 11:53 PM

Quote:

Originally Posted by RightinNYC

If they did so intentionally, it's attempted (or actual) murder.

HIV isn't universally fatal. Even if they DID do it intentionally, it's not attempted murder. If you and I are on the metro, and I intentionally cough on you because I have the flu, is that attempted murder? People can die from influenza too.

What death rate - over what time frame - for a disease is acceptable before it crosses the line to attempted murder?

FallingPianos · 05-16-08, 12:09 AM

Quote:

Originally Posted by RightinNYC

I'm assuming that was shown in the actual trial. People with HIV don't generally spit into someone's mouth for no apparent reason.

you're right, I am reading more into the article than is actually there.

I found an article that gives a few more details:

Quote:

http://www.nytimes.com/2008/05/16/us/16spit.html?ref=us
In May 2006, a passer-by reported an unconscious man, Mr. Campbell, sprawled outside a downtown Dallas building. Mr. Campbell tried to fight paramedics and kicked the police officer who arrested him for public intoxication, prosecutors said.

The police reported that Mr. Campbell spat at an officer and said he had H.I.V., the virus that causes AIDS, as they struggled to move him to a squad car.

there arent enough details to really be able to tell what happened, but the whole thing just does not add up.

MC.no.spin · 05-16-08, 12:13 AM

Quote:

Originally Posted by Kandahar

This is absurd. As others have mentioned, it is IMPOSSIBLE to get HIV from someone's saliva. You'd have to swallow gallons upon gallons of their spit.

A) What makes you think he was trying to give him AIDS?
B) Something that might possibly kill someone 20 years from now doesn't qualify as a "deadly weapon" IMO, even if that was his goal.
C) Even if he believed it was possible (which there's no reason to think he did), that is not sufficient IMO. I think that such a belief needs to be (or should need to be) reasonable. I mean, if I persuade you to eat a hamburger because I want you to get mad cow disease, should I be charged with attempted murder?

See this addidtional info:

Quote:

"He turns and spits," Waller said. "He hits me in the eye and mouth. Then he told me he has AIDS. I immediately began looking for something to flush my eyes with."

Campbell, who was convicted of harassment of a public servant, has a history of spitting at police officers and biting fellow jail inmates, The Dallas Morning News reported.

Dallas County prosecutor Aja Reed said Campbell began yelling in court when another officer testified Campbell spit on him during an unrelated incident.

"He said to the officer, 'You're a liar. You're all railroading me. I'm an innocent man,'" Reed said.

HIV-positive man sentenced 35 years for spitting at officer | Chron.com - Houston Chronicle

Kandahar · 05-16-08, 12:23 AM

Quote:

Originally Posted by MC.no.spin

See this addidtional info:

HIV-positive man sentenced 35 years for spitting at officer | Chron.com - Houston Chronicle

By all means, charge him with harassment of a public officer. I just don't think that merits a 35 year prison sentence, nor do I think he should be charged with attempted murder for doing something that can't actually kill people.

MC.no.spin · 05-16-08, 12:32 AM

Quote:

Originally Posted by Kandahar

By all means, charge him with harassment of a public officer. I just don't think that merits a 35 year prison sentence, nor do I think he should be charged with attempted murder for doing something that can't actually kill people.

The fact he thought he could give them AIDS and thus potentially kill them shows he has the character of a mad man. The jury clearly thought he was a menace to society and should be locked up. 35 years is still harsh, however, IMO.

Kandahar · 05-16-08, 12:49 AM

Quote:

Originally Posted by MC.no.spin

The fact he thought he could give them AIDS and thus potentially kill them shows he has the character of a mad man.

Perhaps. Or perhaps he was just trying to scare the cop and knew fully well he couldn't give him HIV.

Either way, saliva isn't a "deadly weapon." Therefore it's ludicrous to charge him with assault with a deadly weapon, or attempted murder.