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¶ … prisoner in Texas, while being transferred to a medical facility, became disruptive and violent, forcing the accompanying guards to restrain him. While being restrained, the prisoner, Curtis Weeks, announced that he had AIDS and wanted to take as many other people to the grave with him as possible. After announcing his intention to infect the guard, he then spit in his face. The guard's mouth, nose and face were all contaminated with Weeks' saliva causing the state of Texas to charge Weeks with attempted murder. He was convicted which was upheld on appeal by the 11th circuit court of appeals. There were several issues the court had to deal with in the case including whether or not HIV could be transmitted through saliva, if spitting could be considered attempted murder, and if Weeks acted in the heat of the moment.
The first legal issue that had to be resolved was Weeks' contention...
Although several civil rights groups petitioned the court stating that "it is impossible to transmit the virus which causes AIDS by spitting," a number of medical experts specializing in HIV testified that it could. (Weeks v. State, 1992) These experts stated that while the chances of doing so were somewhat low, it was possible and there were documented cases where the HIV virus was transmitted through saliva. With this determination the court denied Weeks' contention that he could not have attempted to murder the guard by the act of spitting.
The second issue involved was whether or not Weeks believed at the time that his spitting in the face of the guard could infect, and later kill, the guard. According to trial testimony, the guards stated that Weeks told them he was infected with AIDS and wanted to take as many others with…
References
Weeks v. State, No. 11-90-045-CR (Court of Appeals of Texas, 9 July 1992).
Retrieved from http://www.qrd.org/qrd/religion/anti/cameron/weeks.v.state.txt
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