Hearing set for June 10 on HIV-related charge

June 10, 2005
Source: The Citizen

Griffin Judicial Circuit Superior Court Judge Johnnie Caldwell Jr. will decide at 8:30 a.m. Friday whether to revoke the bond of an HIV positive man who allegedly continued to have unprotected gay sex without his lover’s knowledge months after he was arrested for the same infraction in Fayette County.

X, 26, of  Fayetteville, was arrested on Nov. 3, on one count of felony reckless conduct. The charge stems from a claim that he had sex with a Peachtree City man without disclosing his HIV status, which violates Georgia law. The two reportedly were involved from Dec. 10, 2003 to April 30, 2004, officials say.

X, an Emory medical student, was released from the Fayette County Jail after posting a $5,600 bond.

Since his release from Fayette County Jail, two other Atlanta men have made claims that X had unprotected sex with them and failed to disclose his HIV status.

One of the relationships took place after X was released from the Fayette County Jail, which is why Judge Caldwell will be asked to determine if X is a risk during the bond revocation hearing.

On March 27, a 38-year-old Atlanta man filed a report at the Atlanta Police Department after learning of X’s November arrest in Fayette. In his statement to police, the Atlanta man alleged X did not come clean about his HIV status until months after he became sexually involved with him.

“The victim provided supporting documentation of Mr. X’s arrest in Fayette County,” according to Atlanta Police reports. “The victim stated he met Wayne X in late December of 2004 and they began dating and having consensual oral sex inside of his condominium. On Jan. 25, 2005, X disclosed to the victim that he was HIV positive. The victim found out that Mr. X had been arrested for failing to disclose his HIV status to another sexual partner.”

The victim told Atlanta police he came forward because he was afraid X had a pattern of not disclosing his HIV status prior to having consensual sex and is knowingly exposing other people to the deadly virus that causes AIDS, the March 28, 2005 report states.

X was arrested on one count of reckless conduct by Atlanta police 11 days after the victim came forward. He was released without bond by a judge for time served, Fulton County jail officials said.

X was arrested again on April 25 on a count of reckless conduct by the Fulton County Sheriff’s Department, jail officials added. But this time, X was ordered to post a $25,000 bond.

X now faces three counts of reckless conduct, including two in Atlanta and one in Fayette, officials say.

On Aug. 10, X is expected to be arraigned on the Fayette County charge, and the case will likely appear on the September trial calendar of Fayette County Superior Court.

If convicted on all counts, X could face up to 30 years behind bars.

X also could be forced to fork over money in connection with a civil suit filed against him by the male Peachtree City victim.

The victim wants X to pay for the “extreme and severe emotional distress arising from fear of developing HIV,” according to court records.

According to the suit, the Peachtree City man met X on Dec. 10, 2003 on the Internet. After talking for an hour, the victim reportedly asked whether he was disease and drug free.

After X responded affirmatively, the victim agreed to meet X. During their face-to-face meeting, the victim asked again and X indicated he was fine.

The two became involved in a committed sexual relationship until April 2004, the victim said in the civil complaint. The couple parted ways, but Xr allegedly convinced the victim to see him again. That’s when the victim allegedly learned the truth about X, according to court records.

“At this meeting, the defendant admitted to having lied throughout the relationship and acknowledged that he was in fact HIV positive and was currently being treated for the disease,” according to court records.