Trial ordered in HIV biting case

Clinton Twp. man faces up to 15 years in assault of neighbor

Christine Ferretti / The Detroit News

Clinton Township -- A man who publicly announced he was HIV-positive after he allegedly bit through a neighbor's lip was ordered Monday to stand trial 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 Judge Linda Davis made the ruling Monday after testimony from the alleged victim, Winfred Fernandis Jr. She 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, 28, claims he confronted Allen on Oct. 18 because he "cuss(ed) out kids" who tossed a football into Allen's yard near 15 Mile and Gratiot.

"He came toward me and attacked me," said Fernandis, who admitted punching Allen after he was bit. "His face was right next to mine, and I heard him growl."

Fernandis said he and Allen have been involved in many confrontations over the past five years. On the day of the incident, Fernandis was heading to Allen's house with a video camera, hoping to "catch him in the act," he said, referring to Allen's treatment of the neighborhood kids. Fernandis said he later discovered there was no tape in the camera.

During the hearing, Allen's attorney, James L. Galen Jr., provided photographs of injuries his client allegedly suffered in the scuffle including bruises, scratches and a bite mark "down to the bone" of Allen's finger, he said.

Prosecutors and police say Allen was the lone attacker, but Galen claims Fernandis and his relatives took turns beating Allen because he is gay. Court records show Allen has taken out personal protection orders against Fernandis and his wife, Denise Fernandis.

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

After the hearing, Fernandis said Allen's "sexuality is not an issue" and Fernandis' wife, Denise, claimed Allen bit her husband on purpose.

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

Allen is out of jail on a $15,000 surety bond. A pretrial and arraignment in Macomb County Circuit Court is set for Nov. 16.