HIV-positive man sentenced 35 years for spitting at officer

[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....

Sentences are based on actuals, not IFs.

The science supports that particular scenario, which can only be expressed in 'ifs'

Ever heard of an 'if -then' statement? Science deals with those all.the.time.

[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.

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....

Well It Isn't.

[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....

Well It Isn't.

I Can Tab And Capitalize Too !

But nothing to say about it not being 'as dangerous as a flyswatter'? Hokay then.

I'm off to dinner now......

[diadromous mermaid 36]

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.

Excessive sentence. Yes, a sentence for assault (even that is a stretch) but like a death sentence? No!

Contact with saliva, tears, sweat, feces or urine

Transmission can only occur when a sufficient amount of HIV enters the bloodstream, through cuts or mucous membranes. These "bodily fluids" either contain no HIV or it exists in a quantity too small to result in transmission.

HIV is not transmitted by saliva. There is a great deal of evidence to support this fact. In a study of 79 men with AIDS, the virus could be found in the saliva of only one. This man had PCP, thrush, and other mouth and throat lesions. Even in this man, the level of virus found in his saliva was 10,000 times less than the level in his blood. To this study we can add the evidence of the countless numbers of people who have had saliva contact with people with AIDS or others who have been infected with HIV. This contact has occurred through kissing, sharing food, and many other means. They can find no evidence that these activities have transmitted the virus even a single time. Recent findings suggest that saliva contains an enzyme which kills HIV. Certainly there is a lot at work in the mouth combining to make it an inhospitable site for the virus: acids, enzymes, friction, dilution, air, and more.

Edited May 20, 2008 by diadromous mermaid

[VisaJourneyLady 33]

The fact that has not been said here is that HIV has a stigma that other diseases do not. If the spitter waved a gun around and made threats he would not be looking at the same sentence.

[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.

The science supports that particular scenario, which can only be expressed in 'ifs'

Ever heard of an 'if -then' statement? Science deals with those all.the.time.

Sure... if the sentence is excessive, it means the crime did not merit its imposition.

[britty 1]

If you live in Texas and you don't want to be arrested due to fairly harsh sentencing, don't spit on cops.

[diadromous mermaid 36]

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

6 months of emotional torment is often not even a civil offense

[VisaJourneyLady 33]

I Can Tab And Capitalize Too !

But nothing to say about it not being 'as dangerous as a flyswatter'? Hokay then.

I'm off to dinner now......

I already said it ok, once more for you.

It was not even as dangerous as a flyswatter

[diadromous mermaid 36]

I'm off to dinner now......

Oh, don't run off...it was just getting good

[Trumplestiltskin 5,791]

The Hitch-hikers Guide to the Galaxy writes off the Earth as "mostly harmless".

Pretty apt description for this rogue saliva

Edited May 20, 2008 by Number 6

[HAL 9000 96]

If you live in Texas and you don't want to be arrested due to fairly harsh sentencing, don't spit on cops.

Shoot them instead... you'll get a lighter sentence.

[jundp 191]

I heard you can get HIV from toilet seats. Is this true?

Only if you lick them.

Of course... I mean its pretty gross to get spit on anyways

true. do you remember that dentist that transmitted it to some of his patients? while we can bicker back and forth about it can or can't be, my thoughts are the guy in the op got what he deserved. biting a cop has the same consequences. and the cop in the op has justifiable reason to worry, regardless of what some study may say. it's his life on the line, isn't it?

Through the blood, Charles. Medical procedures where blood was co-mingled.

No you can't get HIV from a toilet seat. That's ridiculous.

I had an ex-BIL that died from AIDS. Anybody want to keep going on with this ridiculous discussion?

http://www.cdc.gov/hiv/resources/factsheets/transmission.htm

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....

Well It Isn't.

I Can Tab And Capitalize Too !

But nothing to say about it not being 'as dangerous as a flyswatter'? Hokay then.

I'm off to dinner now......

Shoulda woulda coulda.

I don't think the man was using his spit as a deadly weapon. That's ridiculous. He was drunk. He resisted arrest. He spit on the officer. It was stupid, sure, but it wasn't "weidling a deadly weapon." And honestly, 6 months of stress and paranoia can be alleviated if one learns the facts and gets over the stigma attached to HIV/AIDS.

I've watched family members die and I've experienced sadness and trauma. That doesn't mean I think someone deserves 35 years for spitting.

OT: wth is "summat"????!!!

[Trumplestiltskin 5,791]

I heard you can get HIV from toilet seats. Is this true?

Only if you lick them.

Of course... I mean its pretty gross to get spit on anyways

true. do you remember that dentist that transmitted it to some of his patients? while we can bicker back and forth about it can or can't be, my thoughts are the guy in the op got what he deserved. biting a cop has the same consequences. and the cop in the op has justifiable reason to worry, regardless of what some study may say. it's his life on the line, isn't it?

Through the blood, Charles. Medical procedures where blood was co-mingled.

No you can't get HIV from a toilet seat. That's ridiculous.

I had an ex-BIL that died from AIDS. Anybody want to keep going on with this ridiculous discussion?

http://www.cdc.gov/hiv/resources/factsheets/transmission.htm

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....

Well It Isn't.

I Can Tab And Capitalize Too !

But nothing to say about it not being 'as dangerous as a flyswatter'? Hokay then.

I'm off to dinner now......

Shoulda woulda coulda.

I don't think the man was using his spit as a deadly weapon. That's ridiculous. He was drunk. He resisted arrest. He spit on the officer. It was stupid, sure, but it wasn't "weidling a deadly weapon." And honestly, 6 months of stress and paranoia can be alleviated if one learns the facts and gets over the stigma attached to HIV/AIDS.

I've watched family members die and I've experienced sadness and trauma. That doesn't mean I think someone deserves 35 years for spitting.

OT: wth is "summat"????!!!

First thing I imagine the doctors would give the cop would be an armful of medical leaflets and a talk about the statistical likelihood of contracting HIV from rogue spittle.

[Ban Hammer 13,345]

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

interesting word there...........