Poz Guy In Denver Charged With Using Spit As A Deadly Weapon

[rawTOP]

Even though you can't actually get HIV from spit ('cause there are things in spit that kill HIV, plus exposure to air kills HIV), a poz guy in Denver was just charged with second degree assault with a deadly weapon for spitting on someone during an argument.

According to the police report, Jason Arb, a technician with the Rocky Mountain Offender Monitoring System, arrived at the home of Wiliam O’Kelly to install a monitoring system at O’Kelly’s home for a drunk driving offense. During the visit, O’Kelly objected to the price of the system and told Arb to leave the house. Arb said he would have to report the information to O’Kelly’s probation officer. The two argued and O’Kelly reportedly spit in Arb’s face. Later, upon speaking with O’Kelly’s parole officer, Arb learned O’Kelly was HIV positive, at which point he filed a formal complaint.

O’Kelly’s partner, Geoff Guth, who was at the scene at the time, told the Colorado Independent that it was not O’Kelly but Arb who became angry during discussion at the house.

O’Kelly is charged with Criminal Attempt to Commit Assault in the Second Degree. The charge details that the “assault” was committed with “infected saliva,” which it describes as a deadly weapon. O’Kelly “unlawfully and feloniously attempted to cause bodily injury to Jason Arb, by means of a deadly weapon, namely, infected saliva,” the report reads.

Colorado State Statutes define “deadly weapon” mostly by the manner in which the “weapon” is used or intended to be used and whether or not it is capable of producing death or serious bodily injury.

(Source)

So don't confuse them with the fact that their "deadly weapon" isn't actually deadly. They're having fun harassing homos...

[PhoenixGeoff]

Update on this: the DA dropped the charge. Good decision, but of course they never should have charged the guy with the felony in the first place. The bad news is that apparently after arresting him for having HIV, they wouldn't give him his meds in jail because they couldn't confirm he had HIV. Un-fucking-believable.

What interests me (besides the fact that I've apparently got to watch out if I forget to wrap myself in Saran Wrap before leaving the house) is that the parole officer disclosed the HIV status in the first place. I've never personally been on the wrong side of the law, and I'm pretty open about my own HIV status, but if I were in O'Kelly's shoes, I'd be pissed that he'd told anyone that I was HIV+.

I'd be willing to bet there's a lawsuit that comes out of this. My tax dollars at work....