More evidence that the US criminal justice system overreacts to the non-existent risk of HIV transmission via spitting continues to emerge.
This time, a man whose HIV status is unknown, after being found guilty of (amongst other things) simple assault "for spitting in the face and right eye of Officer Kloetz," was forced to pay $528 "plus 17 percent administrative fee" to the New Hampshire police department for HIV testing for the officer and "ordered to write a letter of apology to his victim."
Story from The Laconia Citizen below.
Multiple drug charges
A Belmont man has pleaded guilty to multiple drugs charges as well as resisting arrest and has been given a lengthy jail sentence.
Stephen D. Brue, 24, 198 Ladd Hill Road, pleaded guilty to a Class A misdemeanor of resisting arrest. Brue attempted to pull away and refused to go with Gilford Police Officers Daniel O'Neill and Kristopher Kloetz and struggled and physically resisted in February 2008. Judge Larry Smukler sitting in Belknap County Superior Court sentenced Brue to 12 months in the HOC. He was credited with 84 days of pretrial confinement. The court recommended to correctional authorities that Brue receive drug and alcohol treatment and counseling including a residential treatment program of at least 28 days while on probation. The court additionally placed Brue on probation for three years following his release. While incarcerated Brue must also participate meaningfully and complete any counseling, treatment or educational programs as recommended by correctional authorities. He may request that his probation be terminated six months early if he complies with all the terms and conditions imposed by the court.
On a Class A misdemeanor charge of simple assault for spitting in the face and right eye of Officer Kloetz, Brue was sentenced to two to five years in prison suspended on good behavior and compliance with all terms of the court's order. The sentence is to be served consecutive to his other sentences. The suspended sentence may be brought forward for up to seven years. He was additionally ordered to make restitution of $528 plus 17 percent administrative fee through the N.H. Department of Corrections to Gilford Police to pay for HIV testing for the officer and ordered to write a letter of apology to his victim.
On a special felony charge of possession of oxycodone, Brue was sentenced to two to five years in the NHSP suspended. The suspended sentence may be imposed at the request of the state for a hearing within seven years.
On a Class A misdemeanor charge of marijuana possession, Brue was sentenced to 12 months in the HOC. On a Class A misdemeanor charge of resisting arrest by Laconia Officer Michael Finogle for attempting to pull away and physically resisting, he was sentenced to 12 months in the HOC.
On a special felony charge of possession of cocaine, Brue was sentenced to two to five years in the NHSP, suspended. The suspended sentence may be imposed for up to seven years.
On a second special felony charge of possession of oxycodone, Brue was sentenced to two to five years in prison, suspended.
Public Defender Anne Weakley represented Brue.