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Criminal Law

: Grits for Breakfast

Dallas court identifies "deadly weapon" that can't kill you

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According to the Center for Disease Control, reported The New York Times ("Prison for man with HIV who spit on police officer," May 16), "Although there have been rare cases of transmission through severe bites, 'contact with saliva, tears or sweat has never been shown to result in transmission of H.I.V..'?Even so, a homeless man was sentenced to 35 years in prison in Dallas for "harassing a public servant with a deadly weapon: his saliva." What's more, "Because of the deadly weapon finding, the man, Willie Campbell, 42, of Dallas, will not be eligible for parole until he has served half his sentence."So to flesh out the logic, you can't contract HIV from spit, but spit is a deadly weapon because it might transmit HIV? Huh? I'm amazed Dallas DA Craig Watkins' office pursued that line or argument, and more amazed still that a judge bought into it...continue to full post

Full post as published by Grits for Breakfast on May 18, 2008 (boomark / email).

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