HIV-Positive Man No Longer Charged with “Bioterrorism”

Several months ago, Daniel Allen (shown right) found himself the target of bioterrorism charges, accused of attempting to initiate a biological attack on his neighbor.

The weapon of choice? — His teeth.

In an altercation with his neighbor, Winfred Fernandis Jr., Allen bit him on the lip. Upon arrival to the scene, police carted Allen away to jail, and tagged him with felony assault charges. However, some days later, when Macomb County prosecuting attorney Eric Smith learned of Allen’s HIV-positive status, he took things one step further by attempting to add on hefty bioterrorism charges.

Change.org reports:

For Smith, the fact that Allen was HIV-positive was like he was walking around with ticking time bombs inside of him, waiting to tear down people in his wake. By all accounts, it was a gross misuse and misapplication of the Michigan anti-terrorism law (even the authors of that law eventually criticized Smith for labeling HIV-positive people as terrorists), but for months Smith wouldn’t cave in to demands to drop the charges. He wanted Allen to be charged with bioterrorism, solely for living with HIV.

Thankfully, Judge Peter Maceroni was able to see this homophobic attack for the injustice that it is, and has dismissed the bioterrorism charge. Allen’s attorney, James Galen Jr. had this to say:

“The justice system is designed to protect citizens from injustices. It worked,” Galen Jr. said. “There’s a lot of homophobia in this country. And there is stigma attached to those who are themselves HIV-positive. That stigma needs to be smashed. I truly believe this ruling sends a clear message to prosecutors and law enforcement that people should not be treated differently based on a medical condition”