Content from our friends over at Grits For Breakfast
Monday, May 19, 2008 , Updated
Dallas court identifies saliva as a “deadly weapon”
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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Scott Doyle, says:
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?
Verified
1 year, 6 months agoLink to this comment | Suggest removal
John McClelland, says:
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.
Verified
1 year, 6 months agoLink to this comment | Suggest removal
Rick Yost, says:
You may be right Pavel.
This reminds me of 'Fight Club'.
Verified
1 year, 6 months agoLink to this comment | Suggest removal
Rick Yost, says:
Sorry Scott- I get you and Pavel mixed up sometimes. Forgive me...I'm old!
Verified
1 year, 6 months agoLink to this comment | Suggest removal
Scott Doyle, says:
You don't own and operate a <a href="http://www.pegasusnews.com/news/2008/may/19/moped-rider-dies-i-30-dallas/#c26066">moped</a>, do you?
Verified
1 year, 6 months agoLink to this comment | Suggest removal
Rick Yost, says:
If I said yes, would you be looking for me on the freeway?
Verified
1 year, 6 months agoLink to this comment | Suggest removal
Scott Doyle, says:
Scott Doyle is sensitive to the <a href="http://en.wikipedia.org/wiki/Right_to_life">right to life</a> of moped-operators, sir.
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1 year, 6 months agoLink to this comment | Suggest removal
Tony Burks, says:
As gross and inhumane it is to spit on a person...35 years? In the words of the great Peter Griffin.."C'mon"...
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1 year, 6 months agoLink to this comment | Suggest removal
Lisa Lawrence Merritt, says:
Yeah, well remember the woman who got the facial on the plane?
Yeah, it's like that. Plain nasty either way.
Verified
1 year, 6 months agoLink to this comment | Suggest removal
MC4FOOS, says:
The ignorance in our courts are ridiculous. Next comes lawsuits.
Anonymous
1 year, 6 months agoLink to this comment | Suggest removal
Mike Bullock, says:
That picture is priceless. I envision her dancing like Elaine from Seinfeld.
Staff
1 year, 6 months agoLink to this comment | Suggest removal
jeremiahp, says:
Mr Campbell should have kept his HIV-tainted spit where it belonged - concealed in his glove compartment.
Anonymous
1 year, 6 months agoLink to this comment | Suggest removal