Monday, May 19, 2008
Dallas court identifies saliva as a “deadly weapon”
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You can add "hocking a loogie" to list of offenses Amy Winehouse might be guilty of upon her next visit to Texas.
DALLAS 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.
According to Chapter 22.05 of the penal code, an offender engages in "deadly conduct" if "he recklessly engages in conduct that places another in imminent danger of serious bodily injury." So if the Center for Disease Control says saliva "has never been shown to result in transmission of H.I.V.,” where, exactly, is the "imminent threat of serious bodily injury"?
Mr. Campbell sounds like a seriously disturbed person, a homeless alcoholic and possibly mentally ill to boot, to judge by his screaming outbursts in the courtroom. Even so, although spitting at an officer was both obnoxious and assaultive, on its face the act doesn't seem to meet the definition of "deadly conduct."
In any event, unless some appellate court decides differently, add "spit" to the list of bizarre items deemed deadly weapons under Texas' statute.
MORE: From Simple Justice.

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Comments
Scott Doyle Verified
Wonder if there's any precedence on something like this.
Regardless, anybody else severely doubt this would have gone down as such if it wasn't a cop who was spit on?
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
John McClelland Verified
It is unfortunate our legal system and government still does not have all the facts on HIV. I hope we can do more to educate our public.
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Rick Yost Verified
You may be right Pavel.
This reminds me of 'Fight Club'.
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Rick Yost Verified
Sorry Scott- I get you and Pavel mixed up sometimes. Forgive me...I'm old!
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
You don't own and operate a moped, do you?
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Rick Yost Verified
If I said yes, would you be looking for me on the freeway?
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
Scott Doyle is sensitive to the right to life of moped-operators, sir.
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Tony Burks Verified
As gross and inhumane it is to spit on a person...35 years? In the words of the great Peter Griffin.."C'mon"...
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Lisa Lawrence Merritt Verified
Yeah, well remember the woman who got the facial on the plane?
Yeah, it's like that. Plain nasty either way.
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
MC4FOOS Anonymous
The ignorance in our courts are ridiculous. Next comes lawsuits.
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
Mike Bullock Staff
That picture is priceless. I envision her dancing like Elaine from Seinfeld.
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
jeremiahp Anonymous
Mr Campbell should have kept his HIV-tainted spit where it belonged - concealed in his glove compartment.
4 months, 2 weeks ago ( Link to this comment | Suggest removal )
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