Judge: Man who bit neighbor used HIV as weapon

Clinton Township's Daniel Allen could face up to 15 years in prison after a judge today ordered him to stand trial on allegations he bit his neighbor on the face and used the HIV virus as a weapon.

Allen, 44, told reporters last week that he is HIV positive and admitted to biting his neighbor, Winfred Fernandis Jr., after neighborhood kids tossed a football into his yard.

Fernandis, 28, was hospitalized after the attack. Police say Allen bit him through the lip, on the ear, nose and neck.

It was a matter of self defense, according to Allen, who says Fernandis and his family attacked him because he is gay.

"I am still maintaining my client is the victim of a hate crime," Allen's attorney said, per the Detroit News. "He will be exonerated. This is the very first battle in what I think is going to be a long war."

"He (Allen) knew he was HIV-positive, and he bit the guy," Judge Linda Davis said in her ruling today. "That on its own shows intent."

Davis also ordered Allen submit to a blood test to verify his HIV status.

Allen faces charges of assault with intent to maim, assault with intent to commit great bodily hard and possession of a harmful device. He's set to be arriagned Nov. 16 in Macomb County Circuit Court, according to the News.

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