44 year old Daniel Allen, a resident of the Clinton Township area in Detroit will stand trial for biting his neighbor, 28 year old Winifred Fernandez during a scuffle after a football landed in his front yard.
Allen who is gay and confirmed to the local Fox News affiliate that he is HIV-Positive has been charged with "using HIV as a weapon" with the intent to maim, assault with intent to commit great bodily harm and possession of a harmful device.
Police say Allen bit him through the lip, on the ear, nose and neck. Fernandis was hospitalized after the attack.
"He didn't throw one punch at me. He grabbed up and the first thing he did was bit me and scratched me. It seemed like he was aiming towards something", says Fernandis who was unaware of Allen's status and was informed on camera by Fox News.
While Fernandis claims to be the victim in this unfortunate incident Allen is telling a different story. "The hostility towards me is because it's a hate crime because of my sexuality", says Allen who tells Fox news he acted in self defense and also provides photos of his injuries. Fernadnis denies the accusation of a hate crime based on his profession; "That cannot possibly be-I'm a cosmetologist. I deal with gays all the time".
This one has rendered me speechless. In 2009 people are still unaware of how HIV is transmitted? What are the odds that Fernandis was infected through this incident? *smh*
Watch the Fox News video report below: