Case involving man with HIV dismissed on morning of jury trial
LIMA — A jury trial for a Lima man who allegedly had sexual relations with his longtime male partner while knowingly harboring the virus that causes AIDS was over before it started Monday morning.
With potential jurors lining the halls of the Allen County Justice Center, a last-minute motion from prosecutors to amend the date on which X is alleged to have had sex with another person while armed with the knowledge he had tested positive for HIV, the virus that causes acquired immunodeficiency syndrome, was rejected by Allen County Common Pleas Court Terri Kohlrieser.
The case was immediately dismissed and X, 33, who had been in custody for several months after skipping out on bond several months following his indictment, left court a free man, at least for the time being.
Prosecutors now must decide whether the case will be resubmitted to a future grand jury for consideration.
X was indicted in March 2021 on one count of felonious assault, a felony of the second degree. The indictment alleged that on Dec. 1, 2020, X did knowingly engage in sexual conduct with the alleged victim in the case while carrying the virus that causes AIDS.
During a hearing Monday morning before potential jurors were seated, Kohlrieser said, prosecutors asked to amend the date of the alleged sexual contact to May 2018.
The judge rejected that request.
According to court records, the alleged victim told police he had heard from several people that X was HIV positive and had been for several years. X reportedly had denied the reports.
The man told police he and X had been sexually active for about six years. Following a sexual encounter in December 2020, the alleged victim reportedly found a prescription for the drug Truvada, prescribed for persons with HIV, and confronted X about having AIDS. At that point, court records show, X admitted being HIV positive.
