Military and
civilian authorities have charged an HIV-positive soldier
with assault with a deadly weapon, accusing him of having
unprotected sex with a partner he didn't tell about
the infection.
Military and
civilian prosecutors haven't decided who will prosecute the
case against Pfc. Johnny Lamar Dalton, said Maj. Tom
Earnhardt, a spokesman for the 82nd Airborne Division
at Fort Bragg in Fayetteville, N.C..
Dalton, 25, was
arrested last week and was being held Tuesday in the
Cumberland County jail on a $50,000 bond, said sheriff's
department spokeswoman Debbie Tanna. She said inmates
weren't allowed to give interviews, and a jailer said
the soldier hadn't been appointed an attorney.
Along with the
assault count, Dalton faces civilian charges of committing
a crime against nature and misdemeanor assault inflicting
serious injury. Earnhardt said he faces the same
charges in the military's criminal justice system.
An arrest warrant
filed by county officials accuses Dalton of not telling
his male partner, an 18-year-old civilian, that he has HIV,
the virus that causes AIDS. The teen's mother alerted
authorities to the relationship after her son fell ill
and told her about it; he has tested positive for HIV.
Tanna said she did not know whether Dalton was the
source of the teen's infection.
Dalton is
assigned to the 22nd Aviation Support Battalion, which is
part of the 82nd Airborne, Earnhardt said. He was
ordered by his commander in November not to have
unprotected sex after it was discovered he was
HIV-positive. State law also prohibits a person infected
with HIV from having sex unless condoms are used and
requires that sexual partners be notified.
''All the command
knew was that he had been diagnosed with HIV,'' said
Earnhardt, who added that HIV infection is one of several
medical conditions, including pregnancy, heart
disease, and cancer, that would prevent a soldier from
deploying. ''What a service member does when they're
off duty, we have to depend on their honor and integrity.''
Earnhardt said
Army prosecutors aren't focusing on the soldier's sexual
orientation. The military's ''don't ask, don't tell'' policy
allows gays and lesbians to serve if they keep their
sexual orientation private and do not engage in
homosexual acts. The law prohibits commanders from
asking about a person's sex life and requires discharge of
those who openly acknowledge they are gay.
''Our real focus
is, here we are with two families who are having to cope
with the tragedy of this disease,'' Earnhardt said. (Estes
Thompson, AP)
