Inmate Guilty of Assault With a Deadly Weapon--His Mouth
An inmate who bit two guards after testing positive for the AIDS virus was found guilty today of assault with a deadly and dangerous weapon--his mouth and teeth.
Jurors reached the verdict after deliberating for three hours in the case of James V. Moore, 44, of New York City. He faces up to 10 years in prison.
Moore was accused of biting guards Timothy Voigt and Ronald McCullough at the Federal Medical Center in Rochester, Minn., on Jan. 7 as he was being reprimanded for smoking in a no-smoking area.
Moore later told a nurse he hoped the guards would get AIDS (acquired immune deficiency syndrome), Assistant U.S. Atty. Jon Hopeman told the jury. Moore knew at the time that he carried the AIDS virus.
In closing arguments Tuesday, the trial’s second day, Hopeman told jurors they could convict Moore of counts of assault with a deadly weapon, or of simple assault without use of a weapon.
In his closing statement, defense attorney Kevin Lund told jurors, “If you’re not convinced that AIDS or hepatitis can be transmitted by a bite, you are duty-bound to find James Moore not guilty.”
Lund, who presented no witnesses, called most of the evidence a reflection of the AIDS hysteria.
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