Accused biter used HIV as a weapon, judge says

Christine Ferretti / The Detroit News

Clinton Township -- A Clinton Township man who publicly announced he is HIV-positive days after he allegedly bit through the lip of a neighbor during a dispute was ordered to stand trial today on allegations he intended to use the virus as a weapon.

Daniel Allen, 44, faces up to 15 years in prison on charges of assault with intent to maim, assault with intent to commit great bodily harm and possession or use of a harmful device after prosecutors claimed he purposefully attempted to expose his neighbor to HIV.

Clinton Township District Court Judge Linda Davis made the ruling following a preliminary hearing this morning, which included testimony from the alleged victim, Winfred Fernandis Jr. Davis also ordered Allen to submit to a blood test to verify his HIV status.

"He (Allen) knew he was HIV-positive, and he bit the guy," Davis said. "That on its own shows intent."

Fernandis claims he confronted Allen after an Oct. 18 disagreement over a football some area kids had tossed into Allen's yard. Fernandis, 28, said his daughter and son were also outside when he met Allen in the driveway of his home off 15 Mile and Gratiot.

"He came toward me and attacked me," Fernandis said in court today. "Then he bit me on the lip. His face was right next to mine, and I heard him growl."

Fernandis said he and Allen have been involved in a number of confrontations over the last five years. On the day of the alleged attack, he headed to Allen's home with a video camera, hoping he'd catch Allen's treatment of the neighborhood kids on tape, he said. He later discovered there was no tape in the camera, he said.

Allen's attorney, James L. Galen Jr., provided photographs today of injuries his client allegedly sustained in the scuffle. The photographs include bruises, scratches and a bite mark "down to the bone" of Allen's finger.

Prosecutors and police claim Allen was the lone attacker in the fight, but Galen says Fernandis and Fernandis' family members took turns beating Allen because he is gay. Court records show Allen has taken out personal protection orders in Macomb County Circuit Court against Fernandis and his wife, Denise Fernandis.

"I am still maintaining my client is the victim of a hate crime," Galen said. "He will be exonerated. This is the very first battle in what I think is going to be a long war."

Outside the courtroom today, Denise Fernandis claimed Allen bit her husband on purpose.

"He was saying, 'I don't have nothing to lose no more.' I heard it," said Denise Fernandis, who said she witnessed the attack. "He knows he did this intentionally. It's crazy stuff."

A pretrial and arraignment for Allen is set for Nov. 16 in Macomb County Circuit Court.

cferretti@detnews.com (586) 468-0343