Man HIV-positive Judge weighs assault with spit
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Hey there, time traveller!
This article was published 08/04/2011 (5266 days ago), so information in it may no longer be current.
A unique aggravated assault case, in which the potential for injury far outweighs any damage done, is in the hands of a Manitoba judge.
Crown and defence lawyers made closing arguments earlier this week in the case against Clifford Bear, an HIV-positive Winnipegger who allegedly spat in the face of a police officer.
Bear, 41, was arrested in August 2009 after stealing some computer discs from a Main Street store. The incident took a more sinister turn when Bear allegedly told the arresting officer about his potentially life-threatening medical condition and then spat directly at him.
The officer was hit in the eye with bloody saliva and had to undergo medical treatment that included a cocktail of anti-retroviral drugs. He suffered no injury and has been given a clean bill of health, court was told.
Crown attorney Wendy Friesen argued Bear should be found guilty because he endangered the officer’s life through his reckless and deliberate actions. She called an expert witness earlier this week who testified about the risks of HIV infection caused by spitting.
Defence lawyer Ed Murphy claims there is sufficient doubt about whether the officer was ever in jeopardy of contracting HIV based on his exposure to Bear’s saliva.
The case is believed to be one of the first of its kind in Manitoba. Queen’s Bench Justice Deborah McCawley has reserved her decision.
Last year, an HIV-positive man was convicted of aggravated sexual assault for failing to disclose his illness to a pair of female partners.
A year earlier, another HIV-positive man was found guilty of exposing two former girlfriends to potential harm by failing to warn them about his condition before engaging in unprotected sex.
In 2009, a woman who is not HIV-positive was charged with assault after spitting blood in the face of a Winnipeg paramedic. Her case remains before the courts.
www.mikeoncrime.com
Mike McIntyre is a sports reporter whose primary role is covering the Winnipeg Jets. After graduating from the Creative Communications program at Red River College in 1995, he spent two years gaining experience at the Winnipeg Sun before joining the Free Press in 1997, where he served on the crime and justice beat until 2016. Read more about Mike.
Every piece of reporting Mike produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Mike McIntyre is a sports reporter whose primary role is covering the Winnipeg Jets. After graduating from the Creative Communications program at Red River College in 1995, he spent two years gaining experience at the Winnipeg Sun before joining the Free Press in 1997, where he served on the crime and justice beat until 2016. Read more about Mike.
Every piece of reporting Mike produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
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