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Gay HIV-Positive Detroit-Area Man Ordered to Stand Trial for Biting Neighbor and Using Virus 'As a Weapon'

Neighbor

Daniel Allen (below, right), a gay man from Clinton Township, Michigan, was ordered to stand trial yesterday for "using HIV as a weapon" during a fight with his neighbor Winfred Fernandis, Jr. (above). Allen reportedly bit Fernandis:

Allen "Allen, 44, told reporters last week that he is HIV positive and admitted to biting his neighbor, Winfred Fernandis Jr., after neighborhood kids tossed a football into his yard. Fernandis, 28, was hospitalized after the attack. Police say Allen bit him through the lip, on the ear, nose and neck. It was a matter of self defense, according to Allen, who says Fernandis and his family attacked him because he is gay. 'I am still maintaining my client is the victim of a hate crime,' Allen's attorney said, per the Detroit News. 'He will be exonerated. This is the very first battle in what I think is going to be a long war.'' He (Allen) knew he was HIV-positive, and he bit the guy,' Judge Linda Davis said in her ruling today. 'That on its own shows intent.' Davis also ordered Allen submit to a blood test to verify his HIV status."

Watch, AFTER THE JUMP...

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Comments

  1. If there's a fight, people have to have to do what they can to survive. Biting is fair game.

    Of course, the real question is why was the man's HIV status researched by Fox? Also, does the Michigan criminal justice system inquire of all participants in a fight to disclose their HIV status?

    Posted by: Mox | Nov 3, 2009 9:48:11 AM


  2. How practical is a "weapon" that can take twelve years to be effective? Next time, use a machete. Better yet, don't get into a fight over a stupid football.

    Posted by: Gary | Nov 3, 2009 10:10:31 AM


  3. I can't say I'm surprised, that I expected anything less from these people.

    Posted by: Mark | Nov 3, 2009 10:40:05 AM


  4. 1. WTF was the man thinking repeatedly biting the other man? That is not generally an instinctive action, even in a fight.

    2. WTF was the TV station thinking that HIV was likely to be transmitted through a bite? It's straight up fear mongering, right on the eve of Kalamzaoo, Michigan's anti-discrimination ordinance vote.

    Posted by: Dave | Nov 3, 2009 10:46:59 AM


  5. Mark fuck you and the horse your Mother rode on!

    Posted by: Chris | Nov 3, 2009 10:47:57 AM


  6. What a couple of idiots.

    Posted by: patrick nyc | Nov 3, 2009 10:50:15 AM


  7. If he was attacked he has the right to fight back - biting included.

    That judge needs to lose their seat.

    Posted by: RJP3 | Nov 3, 2009 10:59:49 AM


  8. Team Allen all the way. Though I do wonder how he got close enough to bite the guy's face...

    Posted by: Donovan | Nov 3, 2009 11:07:25 AM


  9. @ Mark,

    I really hope by "these people" you meant Fox news.

    If not, then I agree with Chris.

    Posted by: Vince | Nov 3, 2009 11:46:31 AM


  10. Michigan's a backward state. Ann arbor's the only exception.

    Posted by: TANK | Nov 3, 2009 12:03:07 PM


  11. Tank: And and you are a backwards fuck regardless of what state you live in.

    Posted by: matt | Nov 3, 2009 12:15:09 PM


  12. A fight over a football? Come on people, there are bigger battles to take on first.

    Posted by: KFLO | Nov 3, 2009 12:17:40 PM


  13. Obviously, kflo...it was more than just "a fight over a football". Thanks for playin'.

    So what matt's proving is that in lieu of reasoned argumentation, he prefers to express himself with loud grunts and clicks. Are you the guy who said "statistics and polling don't mean nothin'...they's just numbuhs...aaddaaaaaah"?

    Michigan has one of the most draconian anti-same sex marriage/union/partnership laws in the country.

    " In fact, the Michigan Supreme Court found that the amendment barred public employers from providing health care benefits to partners of gay and lesbian employees."

    Fact, douchenozzle...try it sometime.

    Posted by: TANK | Nov 3, 2009 12:56:19 PM


  14. seriously - and actor Jeff Daniels promtional commercial of Michigan make me wanna vomit.

    Posted by: Disgusted American | Nov 3, 2009 1:22:52 PM


  15. Leave it to Tank to express his racism so freely.

    Mark,

    You are the weakest link.

    Posted by: Mox | Nov 3, 2009 1:57:28 PM


  16. Sorry, I missed what Tank said that was so racist. His comment was against the state of Michigan, not an ethnic or racial group.

    Posted by: Gabe R L | Nov 3, 2009 3:34:00 PM


  17. Racist? Howsat? Look, you crazy SOB, I've seen big mamma's house 1 and 2, and I'm probly going to see 3 (oh yes, it's in the works!). So I can't be racist. It has nothing to do with me liking big mamma's house, as it's horrible unwatchable exploding diarrhea in your face. I deserve some goddamn respect for enduring movies...risking my sanity... So apologize for the accusation, and we'll call it a day, you fuckin' antisemite!

    Posted by: TANK | Nov 3, 2009 4:18:46 PM


  18. Mr Allen looks awfully pretty in that pic. If he had bit me, his face would be swollen twice it's size and he'd be sipping his meals through a straw.

    Posted by: John in Boston | Nov 3, 2009 6:52:30 PM


  19. I've seen a lot of bad reporting and bad legal decisions during my time blogging, but never before have I seen the media conspire with the criminal justice system in such a calculated, prejudiced, stigmatising, and ultimately harmful way.

    See my blog posting for more.
    http://criminalhivtransmission.blogspot.com/2009/11/us-media-police-judge-conspire-in-hate.html

    Posted by: Edwin Bernard | Nov 4, 2009 4:41:24 AM


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