A gay man was sentenced Monday to 180 days in jail for his no contest plea of spreading HIV to a former boyfriend despite his assertion in court Monday that he had informed the victim of his HIV status before they had sex.
Thomas Miguel Guerra, 30, was dressed in a suit before San Diego Superior Court Judge Kathleen Lewis who remarked that she found it odd that Guerra was denying the charge for which he had pleaded no contest in March.
Lewis gave him credit for day previously spent in jail and imposed 180 days and ordered he receive no early release.
Guerra, a landscaper who had been free on $2,500 bond, was handcuffed by sheriff’s deputies at the end of the hearing and remanded into jail.
Guerra’s remarks came after the victim appeared in court and described how much his life had changed after developing AIDS. He said he is now taking “an outrageous number of medications.”
“Life has changed for me very dramatically,” said the man, whose name was not entered into the record. “The experience for me has been exhausting. I’ve been tested over and over and over.”
The probation report described Guerra as “a danger to public safety” and urged that he get the maximum sentence of six months in jail for the misdemeanor crime.
According to City Attorney Jan Goldsmith, this case is the first successful prosecution in the state since the law was passed by the state legislature. Goldsmith was in the state Assembly when he voted for it, said his spokesperson Gerry Braun.
Goldsmith later released the following statement: “The judge imposed the maximum sentence, which she indicated was inadequate given the damage done to the victim and the danger to the public posed by the defendant. To our knowledge, this is the first conviction of a willful HIV transmission case in California. We hope this tragic case helps to educate people that they have a legal obligation – as well as a moral and ethical obligation – to inform their sex partners of their HIV status.”
“The defendant actually infected the victim. It’s a lifetime sentence for him. The victim’s life is shortened,” said Deputy City Attorney Jill Cristich, who added that Guerra’s text messages showed he admitted to having sex with someone in a truck that he did not tell of his HIV status.
Attorney Daniel Rodriguez, who represents Guerra, said science could not prove that the disease the victim had came from Guerra. He said Guerra informed the victim of his HIV status before.
Guerra told the judge the victim was “reckless” with his own life and implied someone else infected him. His attorney said Guerra cannot be remorseful for something he did not do.
“I did not rape this person. I’m not a monster,” said Guerra. “I would never ever do what I’ve been accused of doing. All there is is a ‘He said, He said’ in this case.”
Rodriguez urged the judge to grant probation and suspend any jail term. “One can imagine what the folks in jail might do to Mr. Guerra,” said Rodriguez.
Lewis said she felt Guerra should have been prosecuted for a felony offense. “180 days is a travesty, but that’s all you can get out of a case like this,” she added.
Lewis initially placed Guerra on three years probation, but he refused to accept probation conditions. His lawyer agreed.
Lewis ordered him not to contact the victim or go within 100 yards of him. She set a restitution hearing for June 3 as to whether Guerra should pay for any medical expenses of the victim.
Guerra came to court with his mother, his best friend and cousins with whom he had been staying with.
A no contest plea is the same as a guilty plea with the exception that it cannot be used as proof of guilt in any civil proceeding if Guerra is sued.
The City Attorney, which only files misdemeanor cases, filed the case in May, 2014, after a felony case was rejected by District Attorney Bonnie Dumanis.
