HIV-Positive Man Will Stand Trial for Biting Neighbors Lip

An HIV-positive Michigan accused of using the virus as a weapon man will stand trial for allegedly assaulting his neighbor and biting through his lip.

"He (Allen) knew he was HIV-positive, and he bit the guy.  That on its own shows intent," District Judge Linda Davis said after hearing testimony Monday from Winfred Fernandis Jr., the alleged victim.

Daniel Allen faces charges of assault with intent to maim, assault with intent to commit great bodily harm and possession or use of a harmful device.

Fernandis claims he confronted Allen on Oct. 18 over a football children had tossed into Allen's yard.  He says Allen bear hugged him when approach about the ball and bit his lip.

"He came toward me and attacked me," said Fernandis, who said he punched Allen after being bitten. "Then he bit me on the lip. His face was right next to mine, and I heard him growl."

Allen’s defense attorney, James Galen Jr. says that Fernandis and his family members hurled anti-gay slurs at Allen and attacked him because he is gay. 

"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."

Galen presented 37 photographs showing injuries suffered by Allen from alleged attacks, including Allen's finger being bitten "to the bone" by Fernandis Jr., according to Allen.

Allen says the Fernandis family, who reside on the same street, of harassing him for the past two years.  He claims Fernandis, spit on him, tried to attack him in 2007, intimidated him with a pit bull and had his children call him vulgar names.

Court records show Allen took out personal protection orders against Fernandis and his wife, Denise Fernandis after altercations in 2006 and 2007.

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.

If convicted Allen faces up to 15 years in prison.