# MA Instructor Sent to Prison for Infecting Women with HIV



## Bill Mattocks (Jun 1, 2009)

http://www.dallasnews.com/sharedcon...ws/stories/053009dnmetpadieuhiv.2add1223.html


> Frisco man gets 45 years for hiding HIV infection from sex partners
> 
> 09:25 AM CDT on Saturday, May 30, 2009
> 
> ...


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## Thems Fighting Words (Jun 1, 2009)

Some people are just plain selfish and evil.


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## dnovice (Jun 1, 2009)

that is simply despicable.


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## Master K (Jun 2, 2009)

That is terrible!!!  And it only makes the rest of us look bad.

Many thanks for sharing the story.


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## Drac (Jun 2, 2009)

Lets us hope that jail house justice will be swift and brutal..


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## arnisador (Jun 2, 2009)

Why?


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## MA-Caver (Jun 2, 2009)

arnisador said:


> Why?


Because he's a bastard... plain and simple. Glad he's locked up. 

Now, if they would only throw away the key.


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## celtic_crippler (Jun 2, 2009)

Is the method of murder that important? I mean, the end result is the same isn't it? 

If you know having unprotected sex could pass on a deadly virus then you're committing premedatated murder.


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## arnisador (Jun 2, 2009)

Well, manslaughter, maybe.


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## Andy Moynihan (Jun 2, 2009)

No. Manslaughter is unintended or accidental death.

If you have unprotected sex you MUST expect to become a parent.

If you do it with a partner while knowing you have a deadly STD you MUST expect to infect them.

Same as if I pick up a firearm without verifying its condition and checking whether it is or isn't loaded, and I point it, aim, and squeeze anyway, I MUST expect it to fire, and to destroy whatever was in front of the muzzle when the trigger was pulled.

There are no maybes here.


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## arnisador (Jun 2, 2009)

Andy Moynihan said:


> Same as if I pick up a firearm without verifying its condition and checking whether it is or isn't loaded, and I point it, aim, and squeeze anyway, I MUST expect it to fire, and to destroy whatever was in front of the muzzle when the trigger was pulled.



And yet, the stuntman who shot Brandon lee wasn't charged with murder. Nor are people who kill others while cleaning their "empty" guns. I agree with you morally, but the law recognizes varying degrees of culpability.


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## Bill Mattocks (Jun 2, 2009)

arnisador said:


> And yet, the stuntman who shot Brandon lee wasn't charged with murder. Nor are people who kill others while cleaning their "empty" guns. I agree with you morally, but the law recognizes varying degrees of culpability.



If a person sets fire to a building intending only to burn it down as arson, and someone is killed as a result of the fire (a squatter, say, or a fireman), they can be charged with murder.

A robber who has a partner and the partner is shot and killed by a homeowner can be charged with murder - even though they did not even have a gun with them.

As you say, varying degrees of culpability, some based on _mens rea_ and some not.  It's kind of a grab-bag.  Some are based on what a reasonable and prudent man might believe could happen - like if I kick the ladder the man is standing on, it's a really easy guess that he might fall and break his neck.  Thus, if I kick the ladder and the man falls and breaks his neck...


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## Andy Moynihan (Jun 2, 2009)

arnisador said:


> And yet, the stuntman who shot Brandon lee wasn't charged with murder. Nor are people who kill others while cleaning their "empty" guns. I agree with you morally, but the law recognizes varying degrees of culpability.


 

While not being an attorney, the situation you describe would , I believe, fall under involuntary manslauughter rather than murder. It also was never *proven* the stuntman knew the gun was loaded whereas this apology for an MA instructor damnwell knew HE was infected.


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## Cryozombie (Jun 2, 2009)

Andy Moynihan said:


> No. Manslaughter is unintended or accidental death.
> 
> If you have unprotected sex you MUST expect to become a parent.
> 
> If you do it with a partner while knowing you have a deadly STD you MUST expect to infect them.


 
Yeah... but in this day and age, with sex, you gotta expect that you just dont know, and should always assume the possibility as well... these women have to bear SOME responsibility for having unprotected sex... its not like they were unwilling partners.   Hes a total dick for not telling them, but they should have known better, and insisted on precautions too.


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## tellner (Jun 2, 2009)

Andy Moynihan said:


> Same as if I pick up a firearm without verifying its condition and checking whether it is or isn't loaded, and I point it, aim, and squeeze anyway, I MUST expect it to fire, and to destroy whatever was in front of the muzzle when the trigger was pulled.
> 
> There are no maybes here.



Not quite. This is the same as picking up a gun which you know is loaded, deliberately pointing it at someone and pulling the trigger. If they die you can't say "It wasn't murder; there was a chance of a misfire, a chance of a miss and a chance that the bullet wouldn't hit something vital."


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## Omar B (Jun 3, 2009)

That's so sad.  Another sicko behind bars, too bad he won't have to worry about dropping the soap, non of those guys are gonna want a piece of that.


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## Matthew McMullen (Jun 4, 2009)

Omar B said:


> That's so sad.  Another sicko behind bars, too bad he won't have to worry about dropping the soap, non of those guys are gonna want a piece of that.



Not unless they are already infected.  I think he got what he deserved death would have been too easy for him let HIV kill him slowly.


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## theletch1 (Jun 4, 2009)

All of the other discussion aside I just have to ask... what the hell does being a MA instructor have to do with any of it?  Had he been an accountant or cab driver would his occupation have even been mentioned?


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## matt.m (Jun 7, 2009)

It probably would have said local man x, of place whatever has been charged with.  At least that would have been the T.V. report.


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