Monday, May 19, 2008

Dallas court identifies saliva as a “deadly weapon”

By Scott Henson of Grits For Breakfast

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.

Related stories

• Saliva again considered deadly weapon in Oak Lawn assault case (June 6, 2008)

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• Crime > Assault

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