Posted on 05/02/2002 10:20:33 AM PDT by jwalburg
Two Aberdeen men are in jail facing charges they intentionally exposed others to the HIV virus. It is the second such incident in less than a week in South Dakota, a state that ranks second lowest in the nation for HIV infections with 22 cases confirmed last year. A Huron college student was arrested last week on similar charges. Mark McNeary, Brown County state's attorney, said the Aberdeen men's allegedly reckless actions in potentially spreading the virus that causes AIDS make them a danger to society. ''Intentionally exposing an unknowing individual to HIV infection is unconscionable,'' McNeary said. ''It is obvious that an act of this nature totally lacks any regard for the life and well-being of another individual.'' But nobody exposed was "unknowing," according to one of the accused who said an Aberdeen woman is behind the arrests because she was uncomfortable with her husband's former homosexual lifestyle. "I will be bringing in witnesses, and this will be a long, drawn-out court thing," William Kenneth Jenigen, 35, told the American News shortly before turning himself in at the Brown County Sheriff's Office on Wednesday afternoon. Jay Lee Woods, 41, was arrested on Tuesday. In Huron, more than 200 people have been tested for the virus thus far as a result of that case. McNeary said there appears to be no connection between the Huron and Aberdeen cases, but he added that anyone who has had sexual contact with Woods and/or Jenigen should definitely Both men, who share an apartment, face multiple counts of intentionally exposing others to HIV, McNeary said. To convict Jenigen and Woods, the state must prove that their alleged victims did not know the defendants were HIV infected. Jenigen said he has HIV, but has never had sex with anyone unaware of his condition. "Even people I haven't had sex with know it. All knew it, and I am sure that will come out in court. It was common knowledge, even among the people who brought this all on," Jenigen said. McNeary said one of the possible victims approached him directly on Tuesday morning with information about Jenigen and Woods. McNeary said he verified the woman's information and contacted local and state authorities, which led to the arrest on Tuesday of Woods and issuing the warrant for Jenigen. Jenigen claims the informant is married to a man who was formerly part of Aberdeen's gay community. "It's jealousy about having an ex-gay husband," he said about the informant's motive. Jenigen faces six felony counts of intentionally exposing others to HIV; Woods faces four. Each count carries a maximum sentence of 15 years in prison and/or a $15,000 fine. The charges against Woods stem from two incidents that allegedly occurred in July 2001, Details on when the alleged incidents involving Jenigen occurred were not available from the authorities as of Wednesday night. Jenigen, a Pennsylvania native, said he moved to Aberdeen from California about a year ago to be closer to family. Woods, his friend, moved to Aberdeen around the same time, Jenigen said. The 10 counts against Woods and Jenigen involve approximately an equal number of men and women, McNeary said. "But in both of these cases, the number of potential victims could rise. There are still a lot of people who need to be contacted before we understand the whole sphere of this," the prosecutor said. The state filed its complaint against Woods on Wednesday, after which he made his initial court appearance at the Brown County Courthouse. He's presently being held at the jail on $25,000 cash bond; Jenigen's bail amount was unavailable from the authorities. Woods will appear in court again on Friday at a time yet to be determined, McNeary said. Jenigen's first court appearance has not been announced. The South Dakota Division of Criminal Investigation, the Brown County Sheriff's Department and the Aberdeen Police Department are involved in the ongoing investigation into what has become the state's second HIV-exposure case in less than a week. In Huron, Nikko Briteramos, 18, was arrested last week for allegedly having sex with a woman who was unaware of his HIV infection. Briteramos, from Chicago, is a freshman at Si Tanka-Huron University and a member of its basketball team. Since Briteramos' arrest, 207 people have been tested for HIV in the Huron area, said Barb Buhler of the state Health Department. More test results should be available later this week, Buhler said Wednesday. So far, four people including Briteramos have been found to have McNeary said people at risk of infection should contact: • Their physician. • McNeary's office, (605) 626-7130. • The South Dakota Department of Health, 1-800-592-1861. Information about counseling and testing is also available by calling the department's HIV/AIDS program at 1-800-592-1861. • Or, the Brown County Community Health Office, (605) 626-2649. The office is at 402 S. Main St., Aberdeen.
Both are presently being held at the Brown County Jail.
be tested for HIV.
one in December 2001 and one in February. All allegedly occurred in Brown County. The four counts involve three people, McNeary said.
HIV in the case.
They should receive an accelerated death penalty.
I'm sure the civil libertarians will have a field day on these cases because HIV/AIDS is the only disease with it's own civil rights. Government can legally quarantine persons with dangerous communicable diseases like typhoid, small pox and even traditional STDs (syphilis etc.) to keep them from spreading, but HIV/AIDS in most states is under a different law that would seem to bar such drastic measures.
I'm betting the courts will not uphold this law.
Not. No one with STDs has ever been quarantined. Some with HIV have been thrown in jail after spreading the desease.
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