Judge sets bond for man accused of exposing ex-girlfriend to HIV
Circuit Judge John White reluctantly set a bond Tuesday afternoon for man accused of burglary, cyberstalking and repeatedly exposing his ex-girlfriend to HIV.
The defendant, 42, of New Albany, was indicted by a Lee County grand jury in February of exposing the victim to the human immunodeficiency virus by engaging in unprotected sex over a four-year period. He is also accused of sending the woman profane and vitriolic text messages after they separated. A separate indictment said he broke into her residence.
Since the charges are non-violent, holding him without bond was not really an option. Following a bond hearing, White said he was required by law to provide “the least onerous” bond possible.
“The text messages (you sent the victim) are some of the most disgusting crap I have ever read in my life,” White told him. “It turns my stomach. (I am setting bond) reluctantly, but only because that’s what the law says I have to do.”
White set a total bond of $50,000 for the three charges. Conditions of the bond are that he be banished from Lee County and have no contact whatsoever with the victim; whether in person, electronically or through a third party. He must also refrain from posting on social media and wear a GPS ankle monitor. The judge also ordered him to be tested regularly not only for drugs but also for contagious diseases.
“If you test positive for anything, or I find out you tried to contact (the victim), I will lock you down until hell freezes over,” White said.
The defendant, a divorced father of four, is facing up to 40 years in prison if convicted of all three charges. Intentionally exposing someone to HIV is punishable by three to 10 years in the penitentiary.
“All three charges are bailable offenses. None of the charges are threats of violence,” said defense attorney Chandler Rogers. “If you provide bond, he would abide by any conditions and report to court. He is willing to accept anything — including banishment and ankle monitoring. He will refrain from social media.”
State prosecutors felt he would still pose a danger to the victim if allowed out on bond. Assistant District Attorney Sadie Gardner read a handful of the text messages he sent to the victim. One of the tamer examples said, “You should go kill yourself and make the world a better place.”
Based on his prior history of violating protection orders, Gardner said the victim feared for her safety if he was allowed to be free.
Last fall, the allegations against him became a legal quandary after conflicting orders from two different courts first jailed him, then released him.
In the end, five separate courts — four in Lee County — became involved in a complicated case that Circuit Judge Michael Mills Jr. called “a very unique situation.”
Last summer, the man was charged in Tupelo Municipal Court with domestic violence, stalking, malicious mischief and electronic communication harassment. The victim later petitioned Lee County Chancery Court for a full protection order.
When he violated the protection order, a city court judge sentenced him to six months and he was booked into the county jail. His defense attorney argued he had been jailed illegally and appealed the matter to Lee County Circuit Court.
Following a two-hour hearing, Mills found him in contempt of the protection order and said he must serve out the remainder of the sentence. Before Mills filed a formal order, the defendant’s attorney appealed to Lee County Court, where almost two weeks later, Lee County Court Judge Steven Spencer refused to overturn the city court ruling but did order the release of the defendant from jail.
He was released from jail, temporarily, but was returned the next day. He then appealed the matter to the Mississippi Supreme Court.
