HIVer charged under Michigan’s 2004 terrorism laws
Martin
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An HIV-positive Macomb County man is facing charges created under
Michigan’s 2004 terrorism laws for biting another man in a
neighborhood scuffle.
[...]
The case arose out of an Oct. 18 fight between 44-year-old Daniel
Allen and his neighbor Winfred Fernandis Jr. What happened that day is
disputed.
According to a report from Clinton Township Police Department,
Fernandis said Allen jumped him without provocation when he went to
retrieve a football neighborhood kids accidentally threw onto Allen’s
yard. Fernandis, according to the police report, said Allen “hugged
up” to him and began to bite him. Fernandis suffered a bite wound on
the lip so severe, police say, it went all the way through the lip.
Fernandis sought medical treatment and the wound was sewn shut.
Allen, however, alleges that Fernandis, his wife Denise and Fernandis’
father assaulted him, and he does not recall biting the younger
Fernandis. He too sustained injuries during the incident, and his
lawyer during a Nov. 2 hearing presented 37 photographs of injuries,
including bite marks to Allen’s body. Allen and his attorney maintain
Allen was the victim of a hate crime because Allen is gay. Since the
incident, Allen has filed a personal protection order against the
Fernadis family and a criminal complaint with the township police.
Following the incident, police were called in and after a brief
investigation, placed Allen under arrest and charged him with two
crimes: aggravated assault, a misdemeanor charge which carries a
punishment of up to one year in jail and/or $1,000 fine and assault
with intent to maim, a 10-year felony.
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14 years, 9 months and 29 days.