Daniel Hay Lewis was charged with the criminal transmission of HIV because he tried to bite a Broward Sheriff’s deputy while being arrested early last week. LGBT and health advocates are now speaking out about the case, saying the charges are inappropriate and an example of “prosecutorial hysteria.” # Lewis remains in custody, and has also been charged with grand theft, obstructing with violence and assaulting a police officer.
“„While I do not know Mr. Lewis, nor am I serving as an advocate on his behalf … I’m extremely concerned with the Broward County Sheriff’s deputy having charged the Mr. Lewis with criminal transmission of HIV. #
“„I called Broward County Sheriff Al Lamberti and an assistant state attorney at the Broward County State Attorney’s Office to discuss the particular statute in question, Florida Statute 775.0877 “Criminal Transmission of HIV; Procedures; Penalties”. Sheriff Lamberti shared my concern that this charge, based on the information provided, did not appear to be appropriate. As often with these kinds of cases, prosecutors employ fear and not science when prosecuting these kind of cases. #
“„As I understand it, the man jailed is being charged with 775.0877 because he bit a police officer. That sort of action would certainly be subject to prosecution as assault on an officer, whether the person biting was HIV+ or HIV-. The language in the statute, though, is vague enough to seem to allow an extra charge because of some presumed threat of HIV transmission. #