HIV-positive man sentenced 35 years for spitting at officer

[warriorprincess 0]

35 years was a bit harsh. There are people who commit worse crimes and get off or get lesser sentences.

From my understanding you cannot get AIDS/HIV unless there is blood involved. There are many people with HIV who cough and sneeze around us daily but we are unaware that they do have the virus. So unless one of them has a open wound, I think we are pretty safe. The best thing to do is to get educated as strides are being made to deal with this disease.

[Trumplestiltskin 5,791]

Tell that to the cop and his family who are going to sweat out the next 6 mos........

Gee - thanks for the sentimentality guilt trip.

Did you ever think that a doctor has probably already told the guy something similar?

It's not a 'guilt trip'....its what I see as the heart of this matter. I know what it's like to wake up in fear of dying, getting my affairs in order, etc. I'm sure I'm not the only one here who has. Lemme tell you summat....it is the WORST feeling in the world. And hopefully for this cop, everything's ok...but at the end of the day, the next 6 months are going to be hellish for him and his family.

This is part of the reason why I feel this isn't some small bollox offense.....

And whether I do or don't think that a doc may have told this guy is irrelevant.

Nothing you've described there merits a 35 year prison sentence in any reasonable interpretation of the facts. Perhaps there's something missing from the accounting of the incident - its entirely possible, but 35 years for spitting is frankly ridiculous (incidentally hardened criminals doing this in california jails get 4 years for throwing condoms filled with feces, blood and semen - where there is no question of their specific intent).

And yes it totally is a guilt trip - what you're doing is rejecting criticism of the harsh prison sentence on the basis of the stress experienced by the cop and his family. In doing so you're assuming that I must be unsympathetic to that - I'm not. I just don't think that stress is worth a 35 year jail sentence. You're also assuming that I haven't had a similar life-threatening experience.

Edited May 19, 2008 by Number 6

[Fandango 1,439]

I NEVER said that I agreed with 35 years...in fact, if you will read my posts, I said 'I don't know how I feel about this' because I see both sides....What I was responding to was the whole risk mitigation that is going on in this thread....well, it's easy to say if it's not you!

And as far as this comment:

Sarcastic a$$ - your table is ready.

Petulant children mimic. Did you make that face that they all make, too?

Quite frankly, I am disappointed in your inability to hold a conversation where two peeps disagree without you becoming all hyper-sensitive and insulting. Tsk.

ETA: nice edit, but I c&p already

Edited May 19, 2008 by Happy Bunny

[Trumplestiltskin 5,791]

I NEVER said that I agreed with 35 years...in fact, if you will read my posts, I said 'I don't know how I feel about this' because I see both sides....What I was responding to was the whole risk mitigation that is going on in this thread....well, it's easy to say if it's not you!

And as far as this comment:

Sarcastic a$$ - your table is ready.

Petulant children mimic. Did you make that face that they all make, too?

Quite frankly, I am disappointed in your inability to hold a conversation where two peeps disagree without you becoming all hyper-sensitive and insulting. Tsk.

As far as that comment goes - you get what you serve up.

[Fandango 1,439]

I NEVER said that I agreed with 35 years...in fact, if you will read my posts, I said 'I don't know how I feel about this' because I see both sides....What I was responding to was the whole risk mitigation that is going on in this thread....well, it's easy to say if it's not you!

And as far as this comment:

Sarcastic a$$ - your table is ready.

Petulant children mimic. Did you make that face that they all make, too?

Quite frankly, I am disappointed in your inability to hold a conversation where two peeps disagree without you becoming all hyper-sensitive and insulting. Tsk.

As far as that comment goes - you get what you serve up.

grow the fuque up

[Trumplestiltskin 5,791]

I NEVER said that I agreed with 35 years...in fact, if you will read my posts, I said 'I don't know how I feel about this' because I see both sides....What I was responding to was the whole risk mitigation that is going on in this thread....well, it's easy to say if it's not you!

And as far as this comment:

Sarcastic a$$ - your table is ready.

Petulant children mimic. Did you make that face that they all make, too?

Quite frankly, I am disappointed in your inability to hold a conversation where two peeps disagree without you becoming all hyper-sensitive and insulting. Tsk.

As far as that comment goes - you get what you serve up.

grow the fuque up

You're quite sure you don't want to edit that out - so I can c&p it back to you with a smiley face on the end?

[Fandango 1,439]

Do you want to discuss the topic, or do you want to keep embarrassing yourself? Either way works for me.

[VisaJourneyLady 33]

hey you two, what's with the bickering?

Do I have to come over there and separate you two???

[Trumplestiltskin 5,791]

Do you want to discuss the topic, or do you want to keep embarrassing yourself? Either way works for me.

Yes - lets discuss the topic.

You were saying that you were in two minds about a 35 year prison sentence for spitting.

[HAL 9000 96]

Nearly no risk of infection AND a sentence that was excessive.

[Pinocchio Liberal 268]

I NEVER said that I agreed with 35 years...in fact, if you will read my posts, I said 'I don't know how I feel about this' because I see both sides....What I was responding to was the whole risk mitigation that is going on in this thread....well, it's easy to say if it's not you!

And as far as this comment:

Sarcastic a$$ - your table is ready.

Petulant children mimic. Did you make that face that they all make, too?

Quite frankly, I am disappointed in your inability to hold a conversation where two peeps disagree without you becoming all hyper-sensitive and insulting. Tsk.

As far as that comment goes - you get what you serve up.

grow the fuque up

You're quite sure you don't want to edit that out - so I can c&p it back to you with a smiley face on the end?

I beleive Six is flirting with Lisa. So witty

[Fandango 1,439]

Do you want to discuss the topic, or do you want to keep embarrassing yourself? Either way works for me.

Yes - lets discuss the topic.

You were saying that you were in two minds about a 35 year prison sentence for spitting.

Absolutely.

I see the need for a harsh sentence because of the severity of the situation...BEST case scenario is this guy and his fam are sweatin out the next 6 mos...I couldn't imagine the worry over my own health and the health of my SO, our kids....and how IF I were sick, whether I'd be putting them at risk in any way.

He is a cop, so for some reason the sentences are always stricter against law enforcement. Id like to see all HIV cases where the patient uses his/her body as a dangerous weapon to come with stricter punishments for the safety of the people.

35 years is excessive, though.

[VisaJourneyLady 33]

that's the point, this guy's spit was as dangerous as a flyswatter. sure if you hit someone constantly for hours you'll do some damage, but it is NOT a deadly weapon.

Causing someone stress for something you didn't do (assult with a deadly weapon) is not a criminal offence, no matter how stressed the police officer is.

[Fandango 1,439]

that's the point, this guy's spit was as dangerous as a flyswatter. sure if you hit someone constantly for hours you'll do some damage, but it is NOT a deadly weapon.

Causing someone stress for something you didn't do (assult with a deadly weapon) is not a criminal offence, no matter how stressed the police officer is.

But that's not true. IF the guy had some blood mixed with his saliva and IF the cop had an open wound in his mouth, then you CAN transmit HIV.

Unless the guy asked the cop 'are you sure that you don't have an open wound of any sort in your mouth?' before spitting....and the guy knew that he didn't have any miniscule amt of blood from a small cut or somesuch.....but if that's not the case, the HIV man put the cop at risk whether the cop has an open sore in his mouth or not.

At the very least...6 mos of emotional torment SHOULD be a criminal offense tho....

[HAL 9000 96]

that's the point, this guy's spit was as dangerous as a flyswatter. sure if you hit someone constantly for hours you'll do some damage, but it is NOT a deadly weapon.

Causing someone stress for something you didn't do (assult with a deadly weapon) is not a criminal offence, no matter how stressed the police officer is.

But that's not true. IF the guy had some blood mixed with his saliva and IF the cop had an open wound in his mouth, then you CAN transmit HIV.

Unless the guy asked the cop 'are you sure that you don't have an open wound of any sort in your mouth?' before spitting....and the guy knew that he didn't have any miniscule amt of blood from a small cut or somesuch.....but if that's not the case, the HIV man put the cop at risk whether the cop has an open sore in his mouth or not.

At the very least...6 mos of emotional torment SHOULD be a criminal offense tho....

Sentences are based on actuals, not IFs.