A bioterrorism charge has been dropped against an HIV-positive man who allegedly bit his neighbor last year in a physical altercation. A Macomb County Circuit Court judge dropped the charge on June 2 after the ACLU submitted a brief urging the court to drop charges that suggested that having HIV was included in a bioterrorism charge of possession or use of a harmful device.
"This is a victory for all people living with HIV who risked facing similar outrageous and misguided criminal charges based solely on their HIV status," said Jay Kaplan, ACLU of Michigan LGBT Project staff attorney, on the day of the ruling. "The court today made it clear that one does not become a bioterrorist because he has HIV."
The altercation between Daniel Allen of Clinton Township and his neighbor occurred in October 2009. Allen was charged with assault and battery initially, and then the Macomb County Prosecutor added the bioterrorism charge of possession or use of a harmful device because Allen is HIV-positive and allegedly bit his neighbor on the lip.
On March 31 of this year, the ACLU filed a friend-of-the-court brief which urged the court to drop the charges. According to its eight-page brief, "not only is Michigan's bioterrorism law being misapplied, but such charges by the Macomb Prosecuting Attorney's office have the effect of demonizing people living with HIV, promoting both fear and ignorance regarding how HIV is transmitted and discriminating against people living with this virus."
Another hearing is to take place on June 24 to review the other two charges of assault with intent to maim and assault with intent to do great bodily harm less than murder. Allen hopes that these charges will be dropped as well, saying after last Wednesday's court decision that he has never attacked anyone in his life.
The neighbor, Winfred Fernandis Jr., and Allen had been feuding for at least three years and Fernadis said that he is glad there are still some charges left.
"There's always two sides to a story," Fernandis told the Detroit News.
